Enduring Powers of Attorney

EPA

Enduring Powers of Attorney (EPA)

An EPA is a legal document where you appoint someone (the “Attorney”) to manage your legal, financial and property matters on your behalf. For example, an Attorney may manage your day-to-day budgeting, banking, investments, and purchase or sell real estate on your behalf. The obligations of an Attorney are set out in section 107 of the Guardianship and Administration Act 1990 (WA) (the “Act”).

Under an EPA, you may appoint a maximum of two institute Attorneys and two substitute Attorneys, who may act jointly or jointly and severally. Joint Attorneys must act together, whereas joint and several Attorneys may act together and/or independently of each other.

An EPA may come into effect immediately or may come into effect once the State Administrative Tribunal (SAT) has determined that you have lost capacity. If your EPA comes into effect once you lose capacity, your Attorney will be required to make an application to the SAT under section 106 of the Act (refer to our SAT Applications service page).

For more information, download our EPA Guide

(PDF to be downloaded from Resources page)

Need to speak to a lawyer about an EPA? Call us today.

TLS EPA

How we may help

Our experienced team at TLS may assist you by:

  • Preparing EPAs and registering EPAs with Landgate should you require your Attorneys to deal with real estate on your behalf.
  • Providing advice to Attorneys of their duties and responsibilities under the Act and the consequences of breaching such duties.
  • Providing advice to you regarding SAT applications.
  • Preparing and filing SAT applications on your behalf and representing you at any SAT hearings, if required.

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