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How to make an Enduring Power of Guardianship (EPG)

Making an Enduring Power of Guardianship involves completing an EPG form. To be legally enforceable, the EPG form must be in the form, or substantially in the form, specified in Schedule 1 of the Guardianship and Administration Regulations 2005. The form contained in the Office of the Public Advocate's Enduring Power of Guardianship Guide and Information Kit meets these requirements.

The form is straightforward and most people will be able to complete it without legal or other assistance. People who cannot read or write, sign their name or speak English however, will need to include a readover and/or marksman clause. The Public Advocate recommends that people in this position seek legal advice before making their EPG.

The signatures of both the appointor (the person making the Enduring Power of Guardianship) and the appointee (the person being appointed enduring guardian) must be witnessed by two persons who are not party to the agreement, are at least 18 years of age and have full legal capacity. At least one of these two witnesses must be a person authorised to witness legal documents under the Oaths, Affidavits and Statutory Declarations Act 2005.

Last updated: 1-Sep-2016

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