About Power Of Attorney
Learn more about power of attorney in WA.
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- Our Process
- The Law
- Helpful Information
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alledged robbery in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our estate lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to represent you throughout the process.
Understand power of attorney.
Get good advice about power of attorney to thoroughly understand what it means moving forward.
Lawyers with power of attorney experience
Meet with lawyers that have been through the process of obtaining power of attorney for clients.
- Past Cases
- Good Results
- Happy Clients
Power Of Attorney
Power of Attorney is essentially a legal document which grants a donee (or attorney) the power to act for the donor in certain circumstances.
In Western Australia there are 2 types of power of attorney an individual may enter into:
- General Power of Attorney
- Enduring Power of Attorney
The primary difference between the 2 types is that General Power of Attorney is only effective whilst the donor continues to have mental capacity. In contrast an Enduring Power of Attorney will still remain in place even when the donor no longer has mental capacity.
Enduring Power Of Attorney
Under section 104 (1a) of the Guardianship and Administration Act 1990 (WA), a person over the age of 18 and of full legal capacity may create an enduring power of attorney.
In accordance with s 104 (1) (b) the donor must declare whether the power will continue past legal incapacity or only be in force for a period where a declaration by the State Administrative Tribunal (SAT) states that the donor does not have legal capacity.
Enduring Power of Attorney will not be valid unless there are 2 witnesses and a statement of acceptance (in a required form) is completed.
“Immediate Enduring Power of Attorney”- effective immediately, continuing to operate during any period a person does not have legal capacity
“Dormant Enduring Power of Attorney”- effective only during period when a declaration by the State Administrative Tribunal that the person does not have legal capacity is in force.
Understand power of attorney.
Get good advice about power of attorney to thoroughly understand what it means moving forward.
Lawyers with power of attorney experience
Meet with lawyers that have been through the process of obtaining power of attorney for clients.
- Past Cases
- Good Results
- Happy Clients
Your lawyer can help you
- To understand power of attorney.
- Explain rights and obligations.
- To appoint someone to make decisions for you.
Who power of attorney is for
When an individual travels overseas for an extended period or for work, an issue relating to their financial affairs may arise; having a power of attorney will allow such issues to be addressed at the time.
Appointment of a power of attorney is highly recommended where an individual loses mental capacity due to physical or mental illness, either temporarily or permanently. It is crucial during this period that an individual is able to manage your financial affairs to meet medical or personal needs.
How power of attorney works
Power of attorney can be limited to cover a specific purpose or for a limited time. Careful drafting by a solicitor will ensure that the donee is not granted more power than you intended.
Power of attorney can be used in the following situations:
- buying or selling property (e.g. while you are overseas);
- operating your bank account.
Power of Attorney does not allow for the donee to make your will, nor does it allow for the donee to swear or affirm your affidavit. If the donee intends to be involved in a transaction with land, this will need to be recorded and lodged with Landgate. An enduring power of attorney should be registered with Landgate within 3 months of signing.
Enduring Power of Attorney
The only difference in the operation of an enduring power of attorney, is the fact that the power will remain in place even after you have lost mental capacity. It is recommended that certified copies of the enduring power of attorney are provided to your attorney, any relevant family & friends and financial institutions
Common misconceptions
An enduring power of attorney will not have the authority to make decisions in regards to lifestyle or treatment (health care) decisions. Enduring power of guardianship will enable an individual to make decisions on your behalf with regards to these matters.
With regards to health treatment, an Advance Health Directive (AHD) is a legal document which will enable you to make decisions about the treatment you want or do not want to receive.
Understand power of attorney.
Get good advice about power of attorney to thoroughly understand what it means moving forward.
Lawyers with power of attorney experience
Meet with lawyers that have been through the process of obtaining power of attorney for clients.
- Past Cases
- Good Results
- Happy Clients
Our Process
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alledged robbery in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our estate lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to represent you throughout the process.
Understand power of attorney.
Get good advice about power of attorney to thoroughly understand what it means moving forward.
Lawyers with power of attorney experience
Meet with lawyers that have been through the process of obtaining power of attorney for clients.
- Past Cases
- Good Results
- Happy Clients
The Law
Power Of Attorney
Power of Attorney is essentially a legal document which grants a donee (or attorney) the power to act for the donor in certain circumstances.
In Western Australia there are 2 types of power of attorney an individual may enter into:
- General Power of Attorney
- Enduring Power of Attorney
The primary difference between the 2 types is that General Power of Attorney is only effective whilst the donor continues to have mental capacity. In contrast an Enduring Power of Attorney will still remain in place even when the donor no longer has mental capacity.
Enduring Power Of Attorney
Under section 104 (1a) of the Guardianship and Administration Act 1990 (WA), a person over the age of 18 and of full legal capacity may create an enduring power of attorney.
In accordance with s 104 (1) (b) the donor must declare whether the power will continue past legal incapacity or only be in force for a period where a declaration by the State Administrative Tribunal (SAT) states that the donor does not have legal capacity.
Enduring Power of Attorney will not be valid unless there are 2 witnesses and a statement of acceptance (in a required form) is completed.
“Immediate Enduring Power of Attorney”- effective immediately, continuing to operate during any period a person does not have legal capacity
“Dormant Enduring Power of Attorney”- effective only during period when a declaration by the State Administrative Tribunal that the person does not have legal capacity is in force.
Understand power of attorney.
Get good advice about power of attorney to thoroughly understand what it means moving forward.
Lawyers with power of attorney experience
Meet with lawyers that have been through the process of obtaining power of attorney for clients.
- Past Cases
- Good Results
- Happy Clients
Helpful Information
Your lawyer can help you
- To understand power of attorney.
- Explain rights and obligations.
- To appoint someone to make decisions for you.
Who power of attorney is for
When an individual travels overseas for an extended period or for work, an issue relating to their financial affairs may arise; having a power of attorney will allow such issues to be addressed at the time.
Appointment of a power of attorney is highly recommended where an individual loses mental capacity due to physical or mental illness, either temporarily or permanently. It is crucial during this period that an individual is able to manage your financial affairs to meet medical or personal needs.
How power of attorney works
Power of attorney can be limited to cover a specific purpose or for a limited time. Careful drafting by a solicitor will ensure that the donee is not granted more power than you intended.
Power of attorney can be used in the following situations:
- buying or selling property (e.g. while you are overseas);
- operating your bank account.
Power of Attorney does not allow for the donee to make your will, nor does it allow for the donee to swear or affirm your affidavit. If the donee intends to be involved in a transaction with land, this will need to be recorded and lodged with Landgate. An enduring power of attorney should be registered with Landgate within 3 months of signing.
Enduring Power of Attorney
The only difference in the operation of an enduring power of attorney, is the fact that the power will remain in place even after you have lost mental capacity. It is recommended that certified copies of the enduring power of attorney are provided to your attorney, any relevant family & friends and financial institutions
Common misconceptions
An enduring power of attorney will not have the authority to make decisions in regards to lifestyle or treatment (health care) decisions. Enduring power of guardianship will enable an individual to make decisions on your behalf with regards to these matters.
With regards to health treatment, an Advance Health Directive (AHD) is a legal document which will enable you to make decisions about the treatment you want or do not want to receive.
Understand power of attorney.
Get good advice about power of attorney to thoroughly understand what it means moving forward.
Lawyers with power of attorney experience
Meet with lawyers that have been through the process of obtaining power of attorney for clients.
- Past Cases
- Good Results
- Happy Clients
