Enduring Powers of Attorney
An Enduring Power of Attorney ensures someone you trust can make important financial decisions on your behalf if you’re ever unable to. TLS provides guidance to help you plan ahead with confidence and peace of mind.
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Enduring Powers Of Attorney (EPA) Explained | Complete Guide
Understanding Your Situation
Secure Your Future with an Enduring Power of Attorney
An Enduring Power of Attorney (EPA) allows you to appoint a trusted person to make important financial, legal, and property decisions on your behalf if you become unable to do so.
This means they can help with day-to-day banking and budgeting, managing investments buying or selling property and handling legal and financial matters on your behalf.
It remains effective even during periods of incapacity, ensuring your affairs are managed according to your wishes.
At TLS, we prepare clear, legally sound EPAs tailored to your needs, advise Attorneys about their duties, and register your EPA with Landgate should your Attorney need to deal with real estate.
Is this you?
Planning Ahead for Financial Peace of Mind
If you’re planning for the unexpected, an Enduring Power of Attorney ensures someone you trust can manage your financial and legal affairs if you’re unable to do so. The right arrangements today can provide certainty for tomorrow.
You're Planning Ahead
You want to ensure someone you trust can manage your affairs if you’re ever unable to do so yourself.
Your Health Is Changing
A recent diagnosis, ageing or declining health has prompted you to consider who will make decisions on your behalf.
You Have Complex Financial Affairs
You hold property, investments or business interests and need a trusted person authorised to manage them if you lose capacity.
You Want to Protect Your Loved Ones
An EPA helps avoid the stress of having your family struggle to manage your financial and personal affairs should you lose capacity.
You Need to Update an Existing EPA
Changes in your circumstances, relationships or the availability of your chosen attorney mean your current document needs reviewing.
Our Process
A Supportive Process Tailored to Your Needs
Legal matters can often feel overwhelming. Our transparent process keeps you informed from start to finish, providing clear advice, practical guidance and dedicated support every step of the way.
Introductory Consultation
This first meeting is where we can get a better understanding of your estate planning objectives, provide legal advice, and take your instructions. We can then provide you with a tailored costs agreement outlining the work we will do for you, the documents to be prepared, and the costs involved. The cost of this first meeting is $330 (inclusive of GST).
Preparing Drafts
Once you have agreed to the terms outlined in the costs agreement and transferred our anticipated fees into our law practice trust account, we will begin preparing your estate planning documents. When these are ready, we will send you drafts for you to review.
Sign-Up
Once you are satisfied these documents accurately reflect your instructions, we can arrange a second meeting, which we call a 'Sign-Up'. In this meeting, we will go over each of the documents with you, page-by-page in plain language, answering any questions you may have. We will then sign these documents after you confirm you're completely satisfied.
Resolution & Support
We help you achieve the best possible outcome while providing ongoing guidance when needed.
Key Considerations
Important Factors to Consider When Appointing an Attorney
Not Sure Where to Start?
Every legal matter is different. Tell us about your circumstances, and we'll help you find the right legal solution.
Choose Someone You Trust
Appoint a person who will act honestly and in your best interests.
Define Decision-Making Powers
Clearly determine the financial and legal authority your attorney will have.
Plan for Incapacity
Ensure arrangements are in place should you become unable to make decisions yourself.
Understand Legal Responsibilities
Both you and your appointed attorney should understand the obligations involved.
Review Your Appointment
Update your documents if your relationships or personal circumstances change.
Integrate with Your Estate Plan
Ensure your Enduring Power of Attorney complements your broader estate planning strategy.
Common mistakes to avoid
Protecting Your EPA from Costly Errors.
Many Enduring Power of Attorney arrangements fail due to simple oversights that could have been prevented with proper legal guidance and careful planning. Some common mistakes include:
- Choosing the Wrong Attorney
- Not Signing While Competent
- Failing to Register the EPA
- Giving Unclear Powers
- Overlooking Backup Attorneys
- Using Outdated Legal Forms
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Frequently Asked Questions.
An Enduring Power of Attorney (EPA) is a legal document that allows you to appoint a trusted person to manage your financial, legal and property affairs should you lose mental capacity.
You can choose for your EPA to start immediately, or for it to only come into effect should you lose capacity. If it’s the latter, your Attorney will need to apply to the State Administrative Tribunal (SAT) before they can act on your behalf.
Under WA law, you can appoint up to two Attorneys and up to two Substitute Attorneys. Attorneys can be appointed jointly (they must act together), or jointly and severally (they can act together or separately). At TLS We can help you decide what works best based on your situation and relationships.
You can revoke an EPA at any time while you still have mental capacity. Once you lose capacity however, only the State Administrative Tribunal (SAT) can revoke or vary the appointment.
Requirements vary by jurisdiction. In Western Australia, an EPA is valid from when it is executed, but must be registered with Landgate if the attorney needs to deal with real estate on behalf of the donor.
TALK TO A LAWYER
Looking for clear and personal advice?
Whether you are planning ahead, managing a deceased estate, or dealing with an estate dispute, our team is here to provide clear, practical and compassionate legal advice.
