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Power of Attorney

Your Trusted Advocate

An Enduring Power of Guardianship allows you to appoint a person or persons to make health and lifestyle decisions on your behalf should you lose the capacity to make such decisions yourself.

An Enduring Power of Guardianship can outline your preferences. By clearly expressing your wishes in an Enduring Power of Guardianship, you provide invaluable guidance to your guardians, ensuring that your dignity and choices are upheld, even in the most challenging circumstances.

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Enduring Power of Attorney

How We Can Help

We guide you through the essential process of appointing a guardian to oversee your personal and healthcare decisions. 

Our team ensures your document is precisely tailored to cover lifestyle choices, medical treatment, and living arrangements, providing clear instructions for your future care. 

By formalising these arrangements now, we help prevent family uncertainty and ensure your personal well-being remains in trusted hands.

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FAQs

An Enduring Power of Guardianship only comes into effect if and when you lose the capacity to make your own decisions.

This means your appointed guardian cannot act while you are still able to make informed decisions about your health, lifestyle, and personal matters. It is designed as a safeguard for the future, ensuring someone you trust can step in if needed.

The key difference is the type of decisions each document covers:

Enduring Power of Guardianship: Health and lifestyle decisions

  • Medical treatment
  • Living arrangements
  • Personal care

Enduring Power of Attorney: Financial and property decisions

  • Managing bank accounts
  • Paying bills
  • Handling assets and property

Together, these documents ensure both your personal well-being and financial affairs are managed if you lose capacity.

In Western Australia, Enduring Power of Guardianship forms are typically available through official government sources such as the Office of the Public Advocate.

However, while standard forms exist, it is strongly recommended to seek legal assistance to ensure the document is:

  • Properly completed
  • Legally valid
  • Tailored to your specific wishes and circumstances

Yes, you can complete your own Enduring Power of Guardianship using the standard forms available in Western Australia.

However, these documents are legally significant, and errors or unclear instructions can lead to confusion or disputes.

Working with a lawyer helps ensure:

  • Your preferences are clearly expressed
  • The document is valid and enforceable
  • Your guardian has clear guidance when making decisions

To verify the authenticity of an Enduring Power of Guardianship, you should check that:

  • It is properly signed and dated
  • It has been correctly witnessed in accordance with WA requirements
  • The appointed guardian(s) have formally accepted their role (if required)
  • The document appears complete and unaltered

If there is any uncertainty, a lawyer can review the document and confirm whether it is valid and legally effective.

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