Enduring Power of Attorney
This article about enduring power of attorney in Western Australia (WA), using the keywords you provided:
What is an Enduring Power of Attorney (EPA) in WA?
An Enduring Power of Attorney (EPA) is a legal document that allows you to appoint someone you trust (your attorney) to make financial and property decisions on your behalf if you lose the capacity to do so yourself. This could be due to illness, injury, or old age.
An EPA is different from a regular power of attorney in that it continues to be valid even if you lose capacity. A regular power of attorney will end if you lose capacity.
Who can make an EPA in WA?
You can make an EPA if you are an adult over the age of 18 and have full legal capacity. This means that you must be able to understand the document and its implications.
What can an EPA cover in WA?
An EPA can cover a wide range of financial and property matters, such as:
• Managing your bank accounts
• Paying your bills
• Selling your property
• Investing your money
• Making gifts
• Executing your will
You can choose to give your attorney broad powers or more limited powers. For example, you could give them the power to manage all of your finances, or you could give them the power to make specific decisions, such as selling your house.
How do I make an EPA in WA?
You can make an EPA by completing a form that is available from the Office of the Public Advocate. You can also get help from a lawyer or a community legal centre.
The form must be signed by you and two witnesses. The witnesses must be over the age of 18 and must not be beneficiaries of the EPA.
Once I have made an EPA, what do I need to do?
You should give a copy of your EPA to your attorney and to any financial institutions or other organizations that need to know about it. You should also keep a copy of the EPA in a safe place.
Can I change or cancel my EPA in WA?
Yes, you can change or cancel your EPA at any time. You must do this by completing a new form and having it signed by you and two witnesses.
Can a power of attorney change a will in Australia?
No, a power of attorney cannot change a will. A will is a legal document that sets out your wishes for your property after you die. A power of attorney only gives your attorney the power to make financial and property decisions on your behalf while you are alive.
Where can I get more information about EPAs in WA?
You can get more information about EPAs from the Office of the Public Advocate. You can also visit their website at www.opa.wa.gov.au.
I hope this article has been helpful. If you have any further questions about EPAs in WA, please do not hesitate to contact the Office of the Public Advocate.
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