WA Enduring POA. Build on a Western Australian’s law firm’s website.

Enduring Power of Attorney Book Cover

  • Enduring Power of Attorney

  • $108 includes GST

  • An Enduring Power of Attorney (POA) is a legal document. It allows you to appoint a person to make decisions about your assets. The POA deals with your assets e.g. real estate and bank accounts.

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What is a WA Enduring POA? (Western Australia)

A WA Enduring POA is a legal document. It allows you to appoint a person to make decisions about your West Australian assets. Your WA POA deals with your assets e.g. WA real estate and bank accounts.

What can’t the WA POA do?

The WA Enduring POA is an “economic” document.  Your WA POA does not deal with your health, medical treatment or lifestyle. To do this, instead, build a Medical W.A. POA on our website. Also, the person receiving your EPA cannot:

* vote in any elections
* make a Will
* sign another WA POA
* act as a Trustee
* control your body (you need to build a Medical Western Australian POA on our website for that)

However, the person receiving your WA Enduring POA, can open and close bank accounts, pay debts, and buy and sell Western Australian land. This is provided it is in your ‘best interests’ to do so.

How does the person receiving my WA POA actually use the WA Power of Attorney?WA Power of Attorney WA Enduring POA Western Australian POA Western Australia Medical Power of Attorney WA Power of Attorney WA Power of Attorney WA POA WA EPA Western Australia EPA Western Australia POA Western Australia enduring poa West Australian Enduring POA WA Enduring POA West Australian POA

Here are some examples:

Example 1 – Using your bank account

The persons you appoint walk into the bank and present to the bank clerk with your Savings Account book and your WA POA. Your bank clerk stares blankly at them. He sees his bank manager. The bank manager explains to the bank clerk that those persons “now stand in your shoes”. They can do whatever you could do with the bank account. The bank manager asks to take a copy of the POA for future reference. The bank manager tries to keep the original WA POA but the persons you nominate decline and get back the West Australian POA. The transaction on the bank account takes place using the WA POA.

Example 2 – Signing your WA POA

You tell the persons that you nominated, to sign a lease agreement. You are on holiday overseas and email is unavailable. Your attorney contacts the landlord. They:

1. tell the landlord that there is a WA POA
2. tell the landlord that they are signing the lease on your behalf
3. they sign in their usual signature area and write under the signatures “signed as attorney for *your name* under a West Australian POA dated ## Month, year”.

You are now bound to the lease. The landlord may photocopy the WA POA to attach to the lease.

How many Attorneys and how many Substitute Attorneys can I have for a Western Australian Enduring POA?

You have six combinations of people you appoint under the EPOA laws of Western Australia:

  1. One Attorney with no substitutes (e.g. you just appoint your brother and no one else)
  2. One Attorney with one substitute (e.g. you appoint your wife as the Attorney with a child as a substitute – common for a couple with one child)
  3. One Attorney with two substitutes (e.g. you appoint your partner as your Attorney and two of your children as a substitute – common for mum and dad with two or more children)
  4. Two Attorneys with no substitutes (e.g. you appoint two of your children, common if you are divorced or your spouse is dead or lacks mental capacity)
  5. Two Attorneys with one substitute (e.g. you appoint your two oldest children, and your third child is the substitute. Common if you are divorced and have 3 or more children)
  6. Two Attorneys with two substitutes (e.g. you appoint your two oldest children, and your third and fourth children as substitutes)

 

How many Attorneys am I allowed to have in a Western Australian Enduring POA?

1. After you select Jurisdiction (choose Western Australia) you are then invited to appoint one or two Attorneys:

Western Australian POA

In Western Australia, you can appoint either one or two Attorneys. You then select if they act together or separately.

 

Q: I have three children. Can I appoint all three as Attorneys in a WA Enduring Power of Attorney?

Sorry, Western Australian law only allows one or two Attorneys in a WA Enduring POA. You can not appoint a third Attorney. If you are unhappy with that then speak to your Local Member of Parliament to have the WA government change the law.

2. You then appoint NONE, ONE, or TWO Substitute Attorneys

EPA allow for one or two attorneys in Enduring POA

Western Australia allows no substitutes, one substitute, or two substitutes. If you opt to have two then you need to tell us if they act Together or can act Separately from each other.