Enduring Power of Attorney

Q: Can an Enduring Power of Attorney change a will?

No, an Enduring Power of Attorney cannot change your will.An Enduring Power of Attorney only allows your appointed attorney to make financial and property decisions on your behalf. It does not give them authority over your personal estate planning documents, such as your will.Your will can only be changed by you while you have legal capacity.

Q: What should I do with my Enduring Power of Attorney?

Once your Enduring Power of Attorney is signed, you should:Keep the original document in a safe placeProvide copies to your appointed attorney(s)Inform trusted family members or advisors that it existsConsider whether it needs to be registered (e.g. if dealing with land or property)Keeping the document accessible ensures it can be used when needed, while still protecting it from loss or misuse.

Trusted Decision-Makers

An Enduring Power of Attorney enables you to appoint a person to make financial and property decisions on your behalf. This can be restricted to your specific needs. An Enduring Power of Attorney can be limited to a particular transaction, a specific piece of business, or cover a specified period. This flexibility allows you to define the scope of authority granted to your chosen Attorney, ensuring that your wishes are followed precisely.

An Enduring Power of Attorney allows you to appoint a person to make financial and property decisions on your behalf, especially if you become incapacitated due to illness, injury, or old age.

By creating an Enduring Power of Attorney, you can proactively safeguard your financial interests. An Enduring Power of Attorney offers peace of mind, knowing that someone you trust will manage your affairs competently, preserving your wealth and ensuring your obligations are met. An Enduring Power of Attorney is a powerful tool for estate planning, allowing you to navigate unforeseen circumstances with confidence and security. An Enduring Power of Attorney is a vital component of your financial and legal preparedness, ensuring your legacy and assets are protected, regardless of the challenges life may bring.

How We Can Help

We simplify the process of safeguarding your future by drafting robust Enduring Powers of Attorney that reflect your exact wishes.

Our team ensures your documents are legally sound, helping you choose the right attorneys and clearly defining their authorities.

We provide the peace of mind that comes from knowing your financial and legal affairs will be managed with integrity should you ever lose capacity.

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FAQs

Can an Enduring Power of Attorney change a will?

No, an Enduring Power of Attorney cannot change your will.

An Enduring Power of Attorney only allows your appointed attorney to make financial and property decisions on your behalf. It does not give them authority over your personal estate planning documents, such as your will.

Your will can only be changed by you while you have legal capacity.

Who can witness an enduring power of attorney in Western Australia?

In Western Australia, an Enduring Power of Attorney must be signed in the presence of two independent adult witnesses.

At least one of these witnesses must be an authorised person, such as:

A lawyer
A Justice of the Peace
A notary public

Your appointed attorney cannot act as a witness. Proper witnessing is essential to ensure the document is legally valid.

Do I need an Enduring Power of Attorney in Western Australia?

While it’s not legally required, having an Enduring Power of Attorney is highly recommended.

It allows you to plan ahead by appointing someone you trust to manage your financial and property affairs if you become unable to do so due to illness, injury, or age.

Without one, your family may need to apply to a tribunal or court to manage your affairs, which can be time-consuming, costly, and stressful.

An Enduring Power of Attorney provides peace of mind, ensuring your financial interests and obligations are handled according to your wishes.

Can an Enduring Power of Attorney be revoked or changed after signing?

Yes, you can revoke or change your Enduring Power of Attorney at any time, as long as you still have legal capacity.

This allows you to:

Appoint a different attorney
Change the scope of authority
Cancel the arrangement entirely

It’s important to formally document any changes and notify relevant parties to ensure your updated wishes are followed.

What should I do with my Enduring Power of Attorney?

Once your Enduring Power of Attorney is signed, you should:

Keep the original document in a safe place
Provide copies to your appointed attorney(s)
Inform trusted family members or advisors that it exists
Consider whether it needs to be registered (e.g. if dealing with land or property)

Keeping the document accessible ensures it can be used when needed, while still protecting it from loss or misuse.