Enduring Power of Attorney

An Enduring Power of Attorney (EPA) allows a competent adult with full legal capacity (the donor) to appoint another person (the donee) to make financial and/or property decisions on their behalf. Depending on its terms, an EPA either comes into effect immediately or only when SAT makes orders to declare that the donor does not have legal capacity. The requirements for an EPA are specified in the Guardianship and Administration Act 1990.

SAT’s role is to bring the EPA into effect where necessary by making a declaration that the donor does not have legal capacity. SAT can also make orders revoking or varying the terms of an EPA, or recognising a power of attorney created in another jurisdiction as an EPA in WA. Once someone has lost their capacity to make decisions and can no longer create an EPA, SAT can also hear an application for an administration order.

For further information on EPA’s please see the Office of the Public Advocate website.

Section 109(1) of the Guardianship and Administration Act

There is no check on what an attorney does such as when an administrator is appointed and who must report to the Public Trustee on an annual basis.

If there is a concern about what an attorney is doing with the person’s finances or estate then an application for the appointment of an administrator can be made to replace the EPA and/or SAT can require the attorney to make available all the documents and records of the transactions undertaken by them under the EPA.