WA Enduring Power of Attorney

This form follows the format of the enduring power of attorney form prescribed by the Government of Western Australia.

The enduring power of attorney is not cancelled if the principal loses capacity.

The enduring power of attorney can only be used to appoint attorneys as decision makers for financial matters: a separate enduring power of guardianship is required for appointing decision makers for personal matters.

Document Overview:

1️⃣ The law of Western Australia restricts the principal to appointing a maximum of up to two eligible attorneys and up to two eligible substitute attorneys;

2️⃣ This form restricts the ability to appoint substitute attorneys so that three attorneys can never be accidentally concurrently authorised;

3️⃣ Can specify when the substitute attorney’s authority begins;

4️⃣ The principal can specify conditions and limitations on the attorneys’ authority;

5️⃣ Details for prescribed witnesses can be inserted in the form if known; and

6️⃣ Choose when the power to make decisions starts – i.e.: immediately; or only when a declaration has been made by the State Administrative Tribunal.

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How do I best provide for the care of my Pet/s if I lose capacity?

Long-term Care for your Pet/s …

✅ If you lose capacity

Formal Arrangements

Plan A ➲ EPOA

Ensure you are able to keep your Pet/s with you [as long as possible] by providing specific written directions ahead of time and including financial provision for the support of yourself, your Pet/s long-term care, maintenance, health + insurance + potentially your Pet/s carer in your Enduring Power of Attorney [EPOA] / NT Advance Person Plan.

Informal Arrangements

Plan B ➲ Friends or Family

Plan C ➲ RSPCA

Think of setting up an informal arrangement with the RSPCA as an Insurance Policy just in case for some reason your friends or family circumstances change and they are no longer in a suitable position to take on the responsibility for long-term care of your Pet/s.

RSPCA Home Ever After / Pet Bequest / Pet Legacy program

Further Reading:

For a more detailed discussion please refer to our blog article “Your Pets are Family: Providing Emergency + Long-Term Care for your Furry, Fluffy or Fine-Feathered Friends!"  by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

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