Power of Attorney kit (WA)
Power of Attorney kit (WA)
Appoint someone that you trust to make your financial, personal and medical decisions. Use this kit to make all the power of attorney documents that you need, helping you to save time, money and stress.
✓ General power of attorney
✓ Enduring power of attorney
✓ Enduring power of guardianship
✓ Easy to complete
✓ Simple explanation of the law
✓ Information booklet
✓ Up-to-date with ongoing changes
✓ Forms prescribed by legislation
What forms are in this kit?
This kit includes an information booklet written in plain language by an expert Lawyer and the following forms:
General & Enduring Power of Attorney: PDF - easy to complete
Appoint someone that you trust to manage your financial/legal affairs. Includes General power of attorney revocation form.
Enduring Power of Guardianship: PDF - easy to complete
Appoint someone to handle your medical and lifestyle matters if you are unable to speak for yourself.
What issues are covered?
The information guide covers the following issues:
- Different types of Powers of Attorney
- Explanation of different types of matters
- Who can be an Attorney
- What an Attorney can and cannot do
- How to complete a Power of Attorney
- How to sign a Power of Attorney to ensure its valid.
HOW IT WORKS
- Download and save to your computer
- Complete the document following the instructions
- Print and sign
- Register your POA (if required).
What is a Power of Attorney?
A Power of Attorney (POA) is a legal document that appoints another person to manage your financial and legal affairs and act on your behalf. The person you appoint is called an 'Attorney.' This is an expression and it does not mean that the person is a Lawyer or Solicitor. In Western Australia, the person making the Power of Attorney is called the 'Donor' and the person appointed can sometimes be called the 'Donee' or 'Appointor' under an enduring guardian.
What are the different types in Western Australia?
In WA, there are 2 main types of Powers of Attorney, a General and Enduring Power of Attorney. There is also an enduring guardianship which falls under this same umbrella of documents. A General Power of Attorney is used to appoint a person to make your financial/legal decisions and is automatically cancelled if your decision making ability becomes impaired. An Enduring Power of Attorney can be used to appoint a person to make financial and decisions on another person's behalf and will continue to operate if the Donee's decision making ability becomes impaired. A Power of Attorney cannot be used to appoint a person to make someone else's medical, personal or lifestyle decisions. This needs to be done in an appointment of enduring guardian form.
Can an Enduring POA be used to make medical decisions?
No. In WA, a Power of Attorney cannot be used to appoint a person to make someone else's medical, personal or lifestyle decisions. This needs to be done in an appointment of enduring guardian form.
Why do I need an Enduring Power of Attorney?
If there is no Enduring Power of Attorney or Enduring Guardian appointment in place, a guardianship order may need to be made to control a person's affairs. For most people, it's preferable to have the choice about who will act on their behalf, rather than allow that decision to be made by a Court, where the person has little say and no control over the process. A valid POA will help you to appoint a person that you trust to handle your affairs, instead of giving that power to the Courts.
Does a POA have to be witnessed?
Yes. a POA must be signed by the principal in the presence of 2 witnesses. For an Enduring Power of Attorney, one of the witnesses must be a person authorised to witness statutory declarations. A full list of eligible witnesses is inlcuded with all of our documents and kits.
Does a POA have to registered?
If you want your Attorney to deal with land or real estate, your POA document should be registered with the land titles office where the land is held. There is usually a small fee to register a POA document.