Enduring Power of Attorney Presented by
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Transcript of Enduring Power of Attorney Presented by
Enduring Power of Attorney
Presented by Debra Casey
Senior Policy Officer
Guardianship and Administration Act 1990
Protects and promotes the human rights of people with a decision-making disability
Part A provides for Enduring Powers of Attorney
What does an EPA do?
$$$It enables a competent person (donor) to provide authority to another (attorney/donee) to make property and financial decisions
Scope of attorney’s powers
The attorney stands in the shoes of the donor in regard to property and financial matters
Estate management
The donor’s best interests are paramount in managing the estate
Benefits of an EPA
• Prepare for the future
• Protect yourself from exploitation
• Choose how you want your money to be managed if you lose capacity
What to do if……
• A client wants to make an EPA
Capacity issues
• If there are any doubts about a person’s capacity the document may be invalid
• If there is ANY doubt, consult a medical practitioner
Who to choose?
Is the proposed attorney:
• trustworthy?
• willing to take on the responsibilities?
• skilled and knowledgeable in areas relevant to the donor’s estate?
Who to choose?
• Can they keep accurate records?
• Are they available to make decisions?
• Is the appointment likely to cause conflict within the family?
What to do if……
• Someone says they are a persons attorney
Witnessing EPAs
The document requires that:
• 2 witnesses are present at the time of signing
• Witnesses must be authorised
When does the power begin?
• There are choices described in clause 4 of the EPA Information Kit (p6)
– Clause 4(a) gives the attorney immediate
power to act
– Clause 4(b) only gives power to the attorney if
the State Administrative Tribunal – on
application from the attorney – finds the donor
does not have legal capacity
Revocation
The process of revoking an EPA depends on whether or not the donor has capacity
What to do if……
• You think someone’s money is not being managed in their best interests
Obligations of attorney
• Must keep and preserve accurate records and accounts of all dealings and transactions
• Must apply to the Tribunal if unable to continue as attorney once donor has lost capacity
• Must exercise power with reasonable diligence
Attorneys could be in breach if they:
Make a gift of donor’s assets or income. For example:
– forgive a loan owing to a donor
or
– dispose of assets at less than market
value
$$$
Registration
If the donor owns land he or she may wish to lodge the EPA at Landgate*
(*formerly Department of Land Information)
Role of the State Administrative Tribunal (SAT)
• When a person has lost capacity the SAT . . .
– Has some authority in relation to EPAs
– receives applications for intervention where
problems may exist
Telephone Advisory Service (TAS)
1300 858 455
• For information and advice on:
• allegations of abuse (of adults with a decision-making disability)
• Guardianship and Administration• Enduring Powers of Attorney
Where to find an EPA kit
• State Law Publisher
Email: [email protected]
Ph: 9321 7688
• www.publicadvocate.wa.gov.au
• Some Newspower newsagencies
Useful Contacts
– OPA website• www.publicadvocate.wa.gov.au
– SAT website• www.sat.justice.wa.gov.au