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Understanding Enduring Powers of Attorney in WA

ByHannah McPherson

Planning for the future involves more than preparing a will. While a will sets out what happens to your estate after you pass away, it doesn’t help if you’re still alive but become unable to make important financial or legal decisions for yourself.

An Enduring Power of Attorney (EPA) is one of the most important legal documents you can have in place. It allows you to appoint someone you trust to manage your financial and legal affairs if you lose the capacity to do so yourself.

Without an Enduring Power of Attorney, your loved ones may need to apply to the State Administrative Tribunal to obtain the legal authority to make decisions on your behalf—a process that can be stressful, time-consuming and costly.

At Leeuwin Legal Collective, we help individuals and families throughout Busselton and the South West prepare Enduring Powers of Attorney that provide certainty and peace of mind for the future.

What Is an Enduring Power of Attorney?

An Enduring Power of Attorney is a legal document that allows you (known as the donor) to appoint another person (known as the attorney) to make financial and property decisions on your behalf.

Unlike a standard Power of Attorney, an Enduring Power of Attorney continues to operate even if you lose legal capacity due to illness, injury or age-related conditions.

The authority you give your attorney can begin immediately or only if you lose decision-making capacity, depending on how the document is prepared.

What Decisions Can an Attorney Make?

An attorney appointed under an Enduring Power of Attorney may be authorised to make a wide range of financial and legal decisions, including:

  • Managing bank accounts
  • Paying bills and debts
  • Buying or selling property
  • Managing investments
  • Operating a business
  • Signing legal documents
  • Dealing with government departments
  • Managing taxation matters
  • Entering into financial transactions on your behalf

The powers granted can be broad or limited, depending on your individual wishes.

What Decisions Can’t an Attorney Make?

An Enduring Power of Attorney only covers financial and legal matters.

Your attorney cannot make:

  • Medical treatment decisions
  • Personal lifestyle decisions
  • Living arrangement decisions
  • Decisions about your healthcare

These types of decisions are generally covered by an Enduring Power of Guardianship, which is a separate legal document.

Many people choose to prepare both documents as part of a comprehensive estate plan.

Why Is an Enduring Power of Attorney Important?

Most people assume that if they become seriously ill, injured or develop dementia, their spouse or children can automatically manage their finances.

Unfortunately, this is not the case.

Without legal authority, even close family members may be unable to:

  • Access your bank accounts
  • Sell or manage your home
  • Deal with government agencies
  • Pay your bills
  • Manage investments
  • Sign legal documents on your behalf

Having an Enduring Power of Attorney in place ensures someone you trust can step in if needed.

When Does an Enduring Power of Attorney Take Effect?

In Western Australia, an Enduring Power of Attorney can be prepared so it:

  • Begins immediately after it is signed; or
  • Begins only if you lose decision-making capacity.

The most appropriate option depends on your personal circumstances.

A lawyer can explain the advantages and considerations of each approach before the document is prepared.

Choosing the Right Attorney

Choosing your attorney is one of the most important decisions you’ll make.

Your attorney should be someone who:

  • You trust completely
  • Is financially responsible
  • Understands your wishes
  • Can make sensible decisions
  • Is willing to accept the responsibility

Many people appoint:

  • Their spouse or partner
  • An adult child
  • A trusted sibling
  • A close friend
  • A professional adviser in some circumstances

It’s also possible to appoint more than one attorney.

Can I Appoint Multiple Attorneys?

Yes.

You may appoint:

  • Two or more attorneys to act jointly
  • Attorneys to act jointly and severally
  • Substitute attorneys if your first choice cannot act

Each option has different legal and practical implications.

Joint appointments can provide additional oversight, while joint and several appointments may offer greater flexibility.

Legal advice can help determine which arrangement best suits your circumstances.

What Duties Does an Attorney Have?

An attorney has significant legal responsibilities.

They must:

  • Act honestly and in your best interests
  • Keep your finances separate from their own
  • Maintain accurate financial records
  • Avoid conflicts of interest where possible
  • Follow the terms of the Enduring Power of Attorney
  • Comply with Western Australian law

An attorney cannot simply do whatever they like with your assets.

They have a legal duty to protect your interests.

Can an Enduring Power of Attorney Be Changed?

Yes.

As long as you still have legal capacity, you can:

  • Revoke your existing Enduring Power of Attorney
  • Appoint a different attorney
  • Prepare a new document
  • Change the powers you’ve granted

It’s important to seek legal advice when making changes to ensure the correct legal process is followed.

When Should You Review Your Enduring Power of Attorney?

Like your will, your Enduring Power of Attorney should be reviewed regularly.

You should consider updating it if:

  • Your attorney has passed away
  • Relationships have changed
  • You’ve married or separated
  • You no longer trust your attorney
  • Your financial circumstances have changed significantly
  • You have moved interstate
  • Your chosen attorney is no longer able to act

Reviewing your documents every three to five years helps ensure they remain appropriate.

What Happens If You Don’t Have an Enduring Power of Attorney?

If you lose capacity without an Enduring Power of Attorney in place, your loved ones cannot automatically make financial decisions for you.

Instead, someone may need to apply to the State Administrative Tribunal (SAT) to be appointed as your administrator.

This process can:

  • Take time
  • Create additional legal costs
  • Delay important financial decisions
  • Cause stress for your family
  • Result in someone being appointed who you may not have chosen

Preparing an Enduring Power of Attorney allows you—not the Tribunal—to choose who will manage your affairs.

Enduring Power of Attorney vs Enduring Power of Guardianship

These two documents are often confused, but they serve different purposes.

An Enduring Power of Attorney deals with:

  • Financial decisions
  • Property matters
  • Legal affairs

An Enduring Power of Guardianship deals with:

  • Medical treatment decisions
  • Personal care
  • Lifestyle choices
  • Living arrangements

Many people choose to prepare both documents together to ensure all aspects of future decision-making are covered.

Although Enduring Power of Attorney forms are available, preparing one without legal advice can create unintended problems.

Professional legal advice helps ensure:

  • The document complies with Western Australian law
  • The correct attorney is appointed
  • The powers granted reflect your wishes
  • Any limitations are clearly drafted
  • The document is properly executed

A properly prepared Enduring Power of Attorney can prevent significant legal and financial complications later.

Planning Ahead Gives Peace of Mind

None of us knows what the future holds.

Accidents, illness and age-related conditions can affect anyone.

Having an Enduring Power of Attorney in place means you remain in control of who will manage your affairs if you’re ever unable to do so yourself.

It’s one of the simplest and most effective ways to protect both yourself and your family.

At Leeuwin Legal Collective, we provide clear, practical advice on preparing Enduring Powers of Attorney tailored to your individual circumstances.

We’ll explain your options, help you choose the right attorney, and ensure your document is legally valid and reflects your wishes.

Whether you’re preparing your first estate plan or reviewing existing documents, our team is here to make the process straightforward and give you confidence that your future is protected.

Speak With a Wills & Estates Lawyer in Busselton

An Enduring Power of Attorney is an essential part of planning for the future.

If you’d like advice about appointing someone to manage your financial and legal affairs, contact Leeuwin Legal Collective today to book your free 15-minute consultation. We’ll help you understand your options and prepare a document that provides certainty, protection and peace of mind.

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