Choose who makes decisions for you before someone else does
Enduring Power of Attorney & Guardianship
An Enduring Power of Attorney (EPA) and an Enduring Power of Guardianship (EPG):
Are two of the most important legal documents you can have yet most people don't have them. These documents protect you by letting you choose who makes decisions on your behalf if you ever lose the ability to make them yourself.
Protect Yourself Today
Enduring Power of Attorney
from $220 incl. GST
Seniors card and pensioner card holders receive a discount.
Enduring Power of Guardianship
from $220 incl. GST
Seniors card and pensioner card holders receive a discount.
Will+EPA+EPG Package
Quoted at consultation
Seniors card and pensioner card holders receive a discount.
EPA + EPG Package
from $440 incl. GST
Seniors card and pensioner card holders receive a discount.
What Is an Enduring Power of Attorney (EPA)?
An Enduring Power of Attorney is a legal document that allows you to appoint a trusted person (called your 'attorney') to manage your financial and property affairs if you become unable to do so yourself, whether through illness, injury, dementia, or age.
Your attorney can:
Pay your bills and manage your bank accounts
Operate your business
Buy, sell, or manage property on your behalf
Make investment decisions
Access your superannuation (in limited circumstances)
Lodge tax returns and deal with government agencies
Why is an EPA important?
Without an EPA, if you lose mental capacity, your family must apply to the State Administrative Tribunal (SAT) to have an administrator appointed. This process is stressful, time-consuming, and expensive and the person appointed may be a stranger.
What Is an Enduring Power of Guardianship (EPG)?
An Enduring Power of Guardianship is a legal document that allows you to appoint a trusted person (called your 'guardian') to make personal, lifestyle, and medical decisions for you if you lose the capacity to make them yourself.
Your guardian can make decisions about:
Where you live
Your medical treatment and healthcare
Your daily living arrangements and personal care
The services you receive
Why is an EPG important?
Without an EPG, decisions about your medical treatment and living arrangements may be made by people you wouldn't have chosen or by the State Administrative Tribunal. Having an EPG means the person YOU trust makes these deeply personal decisions.
EPA and EPG work together. Your EPA covers financial decisions, while your EPG covers personal and lifestyle decisions. We recommend having both documents in place as part of a complete estate plan.
Frequently Asked Questions
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A general power of attorney ceases to have effect when you lose mental capacity which is precisely when you need it most. An Enduring Power of Attorney (EPA) continues to operate even after you lose capacity. That's what makes it 'enduring.' For estate planning purposes, you almost always want an enduring power of attorney.
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Yes. You can revoke an EPA or EPG at any time, provided you still have mental capacity to do so. You must do this in writing, and the revocation should be registered with the same people who received copies of the original document. We can help you prepare a revocation if your circumstances have changed.
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You can choose when your EPA takes effect. It can either come into effect immediately upon signing (your attorney can act alongside you) or only when you lose mental capacity. Most people choose the second option. We'll discuss the pros and cons of each approach at your consultation.
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If you lose mental capacity without an EPA, your family or another interested party must apply to the State Administrative Tribunal (SAT) in Western Australia to have an administrator appointed. The SAT may appoint a family member, or in some cases, the Public Trustee. This process involves hearings, ongoing reporting obligations, and costs significantly more than putting an EPA in place while you have capacity.
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Yes, many people appoint the same person for both roles. However, you can also choose different people if, for example, one person is better suited to managing finances while another is better placed to make personal care decisions. We'll help you think through the best arrangement for your situation.
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No. An attorney appointed under an EPA cannot make or change your will. Only you can make a will, and only while you have testamentary capacity. This is one reason why it's important to have an up-to-date will in place before you need to rely on your EPA.
Experience that matters
Belmont Legal has helped hundreds of Perth families protect their futures. We prepare your will, EPA, EPG, or estate plan and your first meeting is obligation-free.