An Enduring Power of Attorney enables you to appoint someone you trust to take care of your property and financial affairs in circumstances where you are unable to do so, such as:
Most people value their independence and prefer to manage their own affairs. Unfortunately, situations do arise when someone else must take over.
Your wishes will be clear
A properly drafted and signed Enduring Power of Attorney gives clear directions to your family - thus avoiding confusion and anxiety.
You decide who manages your affairs
Your chosen attorney can take control of your financial affairs if the need arises. If you do not have an Enduring Power of Attorney and you are no longer able to manage your own affairs it may be necessary for family members to apply to the State Administrative Tribunal for authority to manage your affairs.
Don't leave it too late. An Enduring Power of Attorney must be signed while you still have full mental capacity. It will remain effective if you lose capacity through disability or illness.
The person you appoint as your attorney is known as your Donee. Any adult you trust can be your Donee. Your Donee can act alone, jointly with another person (ie always together) or jointly and severally with that other person (ie together or separately). Your Donee must accept the responsibility of acting as your attorney by signing the acceptance section of your Enduring Power of Attorney.
You can make an Enduring Power of Attorney at any time. You may think of doing this as you get older, but don't leave it too late. You must be of sound mind to make a valid Enduring Power of Attorney. It may be wise to get a doctor's assessment before preparing the document and in some cases it may also be necessary for a doctor to declare in writing that you are of sound mind.
You must choose whether the power you give to your Donee(s) is effective:
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as soon as the document is properly signed and witnessed; or
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only after your Donee has applied to the State Administrative Tribunal for a declaration that the document is in force because you have lost your capacity.
If it is likely that your Donee may need to sell or deal with your land then your Enduring Power of Attorney should be registered at Landgate (formerly known as the Department of Land Administration) within 3 months of it being signed. If you do not register it within that period and your Donee needs to deal with your real estate in the future, he/she will have to prepare and lodge a statutory declaration in a form acceptable to Landgate declaring that your Enduring Power of Attorney remains valid.
Consider doing it yourself
Enduring Power of Attorney kits are available to purchase for a small fee at most newsagents. You can download a free Enduring Power of Attorney kit from the Department of the Attorney General web site.
Or let us take care of it for you
We offer a fixed price service for Enduring Powers of Attorney
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What we offer
We can prepare a simple Enduring Power of Attorney for you on the spot at a short consultation.
If you require a complex Enduring Power of Attorney we will give you a quote at a short consultation.
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Fixed price
The short consultation costs $99 and is up to 20 minutes in duration. There is no additional charge for the Enduring Power of Attorney documents.
If you would like us to lodge the completed Enduring Power of Attorney at Landgate the following additional fees will apply:
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Make an appointment
Arrange an appointment now:
- use our online booking request
- or telephone 9220 4433 (1800 018 845 freecall from regional Western Australia) during business hours. If you're not booking online, you could save time at the consultation by completing our Initial Consultation Form (PDF document) and bringing it with you to the consultation.
How to find us
Initial consultations are held at our offices during business hours. Contact us for our street address, location map and details of parking arrangements. If necessary, we offer consultations after hours, at your premises or by telephone - additional charges apply.
Before the consultation
We will ask you to complete a capture sheet with your personal and business contact details and similar details for other parties involved in the matter. We need this information to maintain the integrity of our records protect you and the public generally against the possibility of fraud and to ensure that we do not have a conflict of interest that would preclude us from acting for you.
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An Enduring Power of Attorney does not permit your attorney to make, personal, lifestyle and medical treatment decisions on your behalf. You may make arrangements for these matters by making an Enduring Power of Guardianship or Advance Health Directive.
For further information visit the Department of the Attorney General's web site using the following links: