The information in this document is to be used as a guide only. You should obtain independent legal advice if you are considering appointing an attorney or accepting an appointment as an attorney.
An enduring power of attorney (EPOA) is a type of power of attorney which authorises an attorney to make financial decisions on behalf of the donor and which continues even if the donor loses capacity. In other words, if the donor is no longer capable of making their own financial decisions, the EPOA will continue to operate to allow the attorney to make those decisions. An EPOA will no longer be valid if the donor passes away. An EPOA can only be revoked while the donor has capacity to make financial decisions. A donor can elect that the EPOA only comes into effect after the donor loses their capacity to make decisions and manage their own financial affairs.
An attorney has the ability to do anything in relation to the donor’s financial affairs that the donor can lawfully do themself. For example, an attorney could:
It’s worth noting that there are risks and limitations to consider with powers of attorney.
If you need to lodge an enduring power of attorney, use the checklist below to make the process as easy as possible.
Reviewing and lodging an enduring power of attorney document can take some time, so we recommend allowing for this when coming to see us.
Please note that P&N Bank staff cannot provide advice on how the document should be completed, they cannot complete any part of the document on your behalf and cannot witness the document.
If you require additional information or guidance on setting up any power of attorney, you should seek legal advice. The Western Australian government website contains further information on powers of attorney and enduring powers of attorney. Navigate to wa.gov.au and search for ‘Power of Attorney’ to find out more.
The government agencies listed below may also be able to assist:
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