About the Enduring Power of Attorney - WA

Stop the government meddling in your affairs


Why get an Enduring Power of Attorney?

Sadly, your spouse gets Alzheimer's disease at 55 years of age. You decide that you want to sell the large family home and buy a smaller home closer to amenities that can help your spouse.

The family home is in both your names. Your spouse no longer has the mental capacity to sign documents. You have no power of attorney and therefore, your only option is to apply to the Guardianship and Administration Board for permission to sell the home.

During this court procedure you are forced to make your children swear in court that you are not a spendthrift. Other people such as friends, other family members and even neighbours are contacted to see whether they support your application. At the hearing you are cross examined in order to determine whether or not you are a good person to look after the affairs of your wife or husband.

Eventually this government department tells you that you are allowed to sell your home. However, it directs you to hold your spouse’s half of the proceeds in a separate bank account and pay you some money each week to look after your wife or husband. The department insists you keep accurate records of what you spend, even down to the toiletries for your spouse.

Without all the proceeds of the sale of the home you can not afford to buy another property.

This problem would have been prevented if you and your spouse had given each other a Mutual Power of Attorney.

What is a Power of Attorney?

A Power of Attorney gives someone the authority to do things on your behalf - "You stand in their shoes." For example, the person you appoint can sell and buy another home on your behalf. With a power of attorney you don't need to keep running off to a government department to get permission to do something.

Why is it ENDURING?

The Power of Attorney is enduring because it operates (or continues to operate) even if you are of unsound mind.

What questions will be asked?

You are welcome to print out the questions. The sample questions includes most of the questions asked when building ‘Enduring Power of Attorney - WA’. Just download the PDF document and print it out.

Law Central Co Ltd that owns and operates www.lawcentral.com.au is not a law firm. We can not give you legal advice. If you don't understand the question then refer to the hints at www.LawCentral.com.au. Later, you can type in your answers at www.LawCentral.com.au and finish building your document.

To download the Sample Questions click here .