Enduring Power of Attorney Information Kit & Form – Western Australia

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  • Subject: Law, Government
  • Language: English
  • Publication Year: 2014
SKU: EPKT Category:

 

Enduring Power of Attorney Information Kit & Form – Western Australia

 

An enduring power of attorney is a legal agreement that enables a
person to appoint a trusted person – or people – to make financial
and/or property decisions on their behalf. An enduring power of attorney
is an agreement made by choice that can be executed by anyone over the
age of 18, who has full legal capacity.

‘Full legal capacity’ means that the person must be able to
understand the nature and effect of the document they are completing and
the nature and extent of their estate.

An enduring power of attorney cannot be made by another person on
behalf of a donor whose capacity might be in doubt due to mental
illness, acquired brain injury, cognitive impairment or dementia.

An enduring power of attorney can be operational while the person
still has capacity but may be physically unable to attend to financial
matters.

The benefit of an enduring power of attorney is that unlike
an ordinary power of attorney, it will continue to operate even if the
donor loses full legal capacity.

An enduring power of attorney does not permit an attorney to make
personal and lifestyle decisions, including decisions about treatment.
The authority of the attorney is limited to decisions about the donor’s
property and financial affairs.

To cancel (revoke) the enduring power of attorney the donor must have
full legal capacity. It is recommended that the revocation is made in
writing. If the donor has lost capacity, an application must be made to
the State Administrative Tribunal to decide if the enduring power of
attorney should be cancelled (revoked).

This Information Kit has been prepared by the Public Advocate to
give people a basic understanding of enduring powers of attorney
and to assist them in completing the form. If you are completing
an enduring power of attorney and you have specific or complex
issues, it is recommended that you seek legal advice.

 

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Weight 0.124 kg

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