Enduring Power of Attorney
The topic of an enduring power of attorney (EPA) is discussed in
two parts -
- from the perspective of the person making an enduring power of
attorney; and
- from the perspective of the attorney appointment under an
enduring power of attorney.
The clear message from both parties perspective is that there
should be some overall PLAN which is in part being implemented
through the enduring power of attorney.
Both parties need to thoroughly understand the nature and effect
of the document and what the implications will be for both of them
before it is signed.
Further, both parties should be aware of the wider PLAN that is
involved and the part that the enduring power of attorney has in
implementing the PLAN.
The fact that the form is so easy to complete (as there is not
much information to include) and then all you have to do is sign
it - makes it dangerously simple! Certainly this
is so in Western Australia. There is an encouragement for people to
do their own enduring power of attorney and only to consult a
lawyer for the more complicated circumstances. In other
States advice must be sought.
See - making
an EPA
accepting appointment under an
EPA
There is a dark side to the issue of enduring
attornies!
In Western Australia the relevant legislation is the
Guardianship and Administration Act 1990 which is available from
the State Law Publisher.