An Enduring Power of Attorney (commonly referred to as an “EPA”) is a legal document that allows you to appoint someone you trust (the “attorney”) to make decisions on your behalf in relation to your financial and/or property decisions (relating to assets in Western Australia) should you become unable to make such decisions yourself.



Here are some key points to consider about Enduring Powers of Attorney in Western Australia:

  1. Appointing an Attorney: You have the authority to choose who you want to appoint as your attorney(s). It can be a family member, friend, or any other trusted person. You can also appoint multiple attorneys, either to act jointly or individually (this known as acting “jointly and severally”).
  2. Scope of Authority: You can define the scope of your attorney’s authority. You can grant them general authority to handle all financial and legal matters on your behalf or limit their authority to specific matters.
  3. Duties and Responsibilities: Your attorney has a legal obligation to act in your best interests, make decisions as you would if you had the capacity to do so, and follow any instructions or wishes specified in the Enduring Power of Attorney document.
  4. Termination: An Enduring Power of Attorney can be revoked or cancelled at any time as long as you have the mental capacity to do so. Additionally, the document automatically terminates upon your death.

If you would like to discuss individual estate planning needs please contact us to schedule an obligation free initial consultation. You can reach us on (08) 6509 3398 or email us at admin@couldwelllegal.com.au.

Disclaimer: The content of this post is for general informational purposes only and should not be considered as legal advice. Readers are advised to consult with a qualified legal practitioner to obtain legal guidance specific to you.