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.
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.
Here are some examples:
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.
You tell the persons that you nominated, to sign a lease agreement. You are on holidays 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.
For legal advice telephone us. We are a law firm. We can help you answer the questions as you build your Western Australian POA.
Adjunct Professor, Dr Brett Davies, CTA, AIAMA, BJuris, LLB, LLM, MBA, SJD
Legal Consolidated Barristers and Solicitors
39 Stirling Highway, Nedlands, Western Australia
Direct: 08 6389 0400
Reception: 08 6389 0100
Mobile: 0477 796 959
National: 1800 141 612 WA EPA, WA EPA
Email: [email protected]