![]() ![]() The Power of Attorney Act allows a concerned person to force the attorney – who is acting under an enduring power of attorney – to provide a copy of the relevant financial records to the court to review.Ĭontact a lawyer for assistance with this process. your attorney dies or loses capacity and there is no alternate attorney to take over.you revoke it – if you have capacity to revoke it.Read the instructions in the document to determine if it provides criteria for when the enduring power of attorney ends.Īn enduring power of attorney lasts until one of these things happens: Ending an enduring power of attorneyĮach power of attorney document is different. If the document does not say who makes this declaration, 2 medical practitioners must make a written declaration. If the specific event is ‘when you lose capacity,’ the power of attorney document should state who must make a written declaration that this event has occurred. Read the details in the document to determine how it will come into effect.Īn enduring power of attorney can come into effect: Enacting an enduring power of attorneyĮach power of attorney document is different. ![]() The OPGT cannot assess capacity or provide legal advice. your enduring power of attorney is legal.you have protected all your financial interests.It is safest to make an enduring power of attorney with a lawyer to make sure: There are no regulated forms for creating an enduring power of attorney. If you have this legal document in place, you do not need a trustee. One of your family members or friends might have to go to court to become your trustee. If you lose your capacity and do not have an enduring power of attorney immediately and continue if you lose capacityĪn enduring power of attorney is defined by the Powers of Attorney Act.states when the person will have authority.is written when you are capable of making your own decisions.Landgate also has information about enduring powers of attorney.Every Albertan who is at least 18 years old should have:Īn enduring power of attorney is a legal document that you make to give another person the authority to make financial decisions on your behalf. You can contact the State Administrative Tribunal on (08) 9219 3111 or 1300 306 017 (cost of a local call) for information on applications for intervention into enduring powers of attorney. The Office of the Public Advocate ( 1300 858 455 or (08) 9278 7300 ) has a telephone advisory service from 9.00am -5.00pm Monday to Friday (recorded information is available at other times) and a guide, information kit, information sheet s and easy reads fact sheets. The Public Trustee - Department of Justice has information on enduring powers of attorney. The Citizens Advice Bureau (08) 9221 5711 also helps with drafting enduring powers of attorney (a fee applies) and has information on Enduring Powers of Attorney on its website. You can also telephone the Public Trustee on 1300 746 116 (new inquiries) for help with preparing enduring powers of attorney (fees are payable). Legal Aid WA, through the Civil Law Division’s Elder Rights WA service can provide information and advice on enduring powers of attorney for clients over 65 and First Nations and CALD clients over 55, but does not draft enduring powers of attorney. Our Civil Law Division may be able to give you general advice about an enduring power of attorney. If the Office Public Advocate decides follow up is needed, the Public Advocate will conduct an investigation and/or refer the matter to the Western Australian police. You can contact the Office of the Public Advocate's telephone advisory service on 1300 858 455 (freecall). is not acting in the best interests of a donor, or.What if I think the attorney/donee is not acting in the best interests of the donor? Sometimes people lose capacity due to dementia, stroke, being in a coma, Alzheimer's, mental illness, accident, trauma, acquired brain injury, or for other reasons. If you have full legal capacity you are able to understand the nature and effect of any legal documents you are completing or have completed and the nature and extent of your property. What does legal capacity mean in this context? Unlike a power of attorney, an enduring power of attorney remains valid after the donor loses legal capacity. How is an enduring power of attorney different to a power of attorney? It can be made when the donor has capacity but might physically be unable to manage their affairs, for example, they are going overseas, or are incapacitated in hospital. This booklet is designed to assist those who have either made an Enduring Power of Attorney (EPA) or are acting as an Attorney under an EPA. An enduring power of attorney is a legal document that allows a person (the donor) to appoint a trusted person (the donee or attorney) to make financial and property decisions for them. ![]()
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