Enduring Powers of Attorney
Enduring Powers of Attorney (EPA)
An Enduring Power of Attorney (EPA) is a legal document that allows you to appoint someone you trust, your “Attorney”, to manage your financial, legal and property affairs if you’re no longer able to do so yourself.
This means they can help with:
- Day-to-day banking and budgeting
- Managing investments
- Buying or selling property
- Handling legal and financial matters on your behalf
Planning ahead with an EPA gives you peace of mind that your affairs will be managed smoothly — by someone you’ve chosen — if your capacity is ever affected.
When does an EPA take effect?
You can choose:
- For your EPA to start immediately, or
- For it to start only if you lose capacity (as determined by the State Administrative Tribunal (SAT))
If it’s the latter, your Attorney will need to apply to SAT before they can act on your behalf. Click here to access our SAT Applications service page.
How many Attorneys can you appoint?
Under WA law, you can appoint:
- Up to two Attorneys
- And up to two substitute Attorneys, in case your original choices can’t act
They can be appointed:
- Jointly (they must act together), or
- Jointly and severally (they can act together or separately)
We’ll help you decide what works best based on your situation and relationships.
What are an Attorney’s responsibilities?
Your Attorney must act in your best interests, with honesty and care. Their duties are serious, they include:
- Acting only within their legal authority
- Keeping your finances separate from their own
- Keeping accurate records and avoiding conflicts of interest
We provide guidance for Attorneys, so they understand their responsibilities and feel confident acting in your best interest.
How TLS can help with your EPA
At TLS, we:
- Prepare clear, legally sound EPAs tailored to your needs
- Register your EPA with Landgate if your Attorney needs to deal with real estate
- Advise Attorneys about their duties
- Assist with SAT applications if capacity is lost
- Represent you or your Attorney at SAT hearings, if needed
