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Governing rules

Part 9 of the Guardianship and Administration Act 1990 sets out the rules governing the execution of an enduring power of attorney. As with a last will and testament, Western Australian law considers an enduring power of attorney to be a private arrangement, so no formal registration of the document is required.

However, if the person making the enduring power of attorney owns land or property, they may want to consider lodging it with Landgate.

If there is any doubt about the person’s capacity to make an enduring power of attorney, the Public Advocate recommends the donor seek the opinion of at least one doctor qualified to assess capacity prior to completing the enduring power of attorney. The doctor should be advised of the donor's intention to make an enduring power of attorney and requested to provide a report in writing.

If this report states that the person has capacity and therefore they go ahead with making an enduring power of attorney, the Public Advocate recommends attaching a copy of the report to the enduring power of attorney.

Where English is not the donor's first language, the Public Advocate recommends the use of an accredited interpreter during the assessment of capacity. The telephone interpreter service can be contacted on 131450.

Last updated: 25-Aug-2015

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