How to make an Enduring Power of Attorney in WA
In Western Australia, an Enduring Power of Attorney (EPA) covers financial and property matters only and is made under Part 9 of the Guardianship and Administration Act 1990 (WA). The donor completes the prescribed form, appoints one or more donees, and signs in the presence of two authorised witnesses. Personal and lifestyle decisions are covered by a separate Enduring Power of Guardianship.
The framework
EPAs in Western Australia are governed by Part 9 of the Guardianship and Administration Act 1990 (WA). The State Administrative Tribunal (SAT) has jurisdiction to review, suspend, or revoke an EPA. Personal and lifestyle matters are dealt with separately under Part 9A (Enduring Power of Guardianship).
The process
Confirm you have legal capacity
The donor must be 18+ and have full legal capacity to understand the nature and effect of the EPA. If capacity is uncertain, obtain a capacity assessment before signing.
Choose your donees (attorneys)
Choose one or more donees aged 18+ who are not bankrupt. Decide whether they act jointly, severally, or jointly-and-severally. Consider nominating a substitute donee.
Decide when the EPA starts
You can specify that the EPA takes effect immediately, on a particular date, or only when the SAT declares you lack capacity. Most donors choose activation on incapacity.
Consider conditions or limits
Add any conditions — for example, restricting the sale of the family home, prohibiting gifts beyond a threshold, or requiring consultation with named family members.
Use the prescribed form
Complete the prescribed EPA form set out in Schedule 3 of the Guardianship and Administration Regulations 2005 (WA). The form includes the authorisation, any conditions, and acceptance by each donee.
Sign in front of two authorised witnesses
Sign in the presence of two authorised witnesses simultaneously. One witness must be a person authorised to witness statutory declarations (e.g. JP, solicitor, police officer).
Witnesses complete the certificate
Each witness signs and completes the witnessing certificate on the form confirming the donor appeared to understand the effect of the EPA.
Each donee signs acceptance
Each donee must sign acceptance of the appointment before acting. Acceptance binds the donee to the statutory duties of diligence, good faith, and acting in the donor's best interests.
Register with Landgate if dealing with land
If the EPA will be used for dealings with land in WA, lodge a certified copy with Landgate so the attorney can register land transactions on behalf of the donor.
Store, distribute, and review
Keep the original in a safe place. Give copies to each donee, your bank (if active immediately), and solicitor. Review after major life events and revoke in writing if circumstances change.
Forms and templates
- Enduring Power of Attorney (WA) — prescribed form
- Revocation of Enduring Power of Attorney
Common mistakes
- Assuming an EPA covers personal or medical decisions — it does not; a separate Enduring Power of Guardianship is needed
- Using witnesses who are not authorised under the Act
- Failing to register the EPA with Landgate before using it for land transactions
- Not having each donee sign acceptance before they act
- Using an old form that does not reflect the current Schedule 3
Get this process right with Quillio
Quillio can draft WA EPAs and Enduring Powers of Guardianship together, with tailored conditions under the Guardianship and Administration Act 1990 (WA). See /practice-areas/wills-estates-lawyers or start a free trial at /free-trial.
General information only — not legal advice. An EPA that does not meet witnessing or capacity requirements can be set aside by SAT. Obtain advice for blended families, complex assets, or capacity concerns.
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