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Jurisdiction: Western Australia
Download the Enduring Power of Guardianship - WA Checklist
Sample is not available for this document.
The person giving the power is called the appointor.
This is a legal document in Western Australia made under the Guardianship and Administration Act 1990 Part 9A.
An enduring power of guardianship has effect, subject to its terms, at any time the appointor is unable to make reasonable judgments in respect of matters relating to his or her person.
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This document authorises your enduring guardian to make quality of life decisions such as a parent would make for a child, such as where you live and personal, lifestyle and medical treatment decisions when you are incapable of making such decisions.
The document enables your guardian to perform all of the functions of an enduring guardian including making all decisions about your health care and lifestyle on your behalf.
An enduring guardian cannot make decisions for you on property or financial matters, in which case you need to make an Enduring Power of Attorney.
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You must be 18 years of age or older and have full legal capacity to understand the nature and effect of the document and can comprehend what you are doing.
If there is some doubt as to capacity then seek the opinion of at least one doctor qualified to assess your capacity. When seeking this opinion, you should advise the doctor of your intention to make an enduring power of guardianship and request a written report stating whether or not you have legal capacity.
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The document once signed and witnessed correctly only comes into effect when it is needed and you have lost the capacity to make decisions for yourself. If there is doubt as to your capacity, a doctor can assist to make an assessment or application can be made to the State Administrative Tribunal for a decision as to your capacity.
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There is no registration process for your appointment so it is best to let your enduring guardian know where the original is kept. The enduring guardian can be given a certified copy of the signed and witnessed document and a certified copy given to your general practitioner and relevant health professionals.
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The form must be completed and witnessed correctly:
the appointor signs in their normal signature;
the appointer may instruct someone to sign for the appointor;
two (2) witnesses must be present when they and you sign.
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one must be at least 18 years of age who is not the appointor or appointee; and
one a person authorised to witness statutory declarations under the Oaths, Affidavits and Statutory Declarations Act 2005;
both are authorised to witness statutory declarations under the Oaths, Affidavits and Statutory Declarations Act 2005.
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Sign in their normal signature;
include the full name and address of witnesses;
state the qualifications to be a witness (for example, a doctor policemen lawyer teacher or a person over 18 years of age).
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Each appointee must sign an acceptance to indicate the appointee’s acceptance of the appointment.
Two (2) witnesses must be present when an appointee signs the acceptance.
At least one of the witnesses must be authorised to witness statutory declarations.
The appointees can sign at the same time or at different times. Different witnesses can witness each appointee’s signature.
The appointor (person giving the power) does not have to be present when an appointee signs the acceptance.
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The following people are authorised to witness statutory declarations:
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The law in Western Australia does not refer to the process of revocation of the power of guardianship by the appointor.
You can revoke your power of guardianship at any time provided you have legal capacity to understand the nature of your actions. You can complete a written notification to that effect. You can provide the revocation document to your enduring guardian and you should also request that all copies of the power of guardianship be returned to you and preferably destroyed to ensure that your intention to revoke the power is carried into effect.
You should notify other relevant persons including your general practitioner, and other health professionals and family members, so they know of your intention to revoke the power.
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If the appointor has capacity then an enduring guardian can resign at any time by notifying the appointor in writing and returning to the appointor any copies of the power of guardianship and other personal records in their possession
If the appointor has lost capacity and cannot make reasonable judgments in respect of matters relating to his or her person then the enduring guardian cannot resign and must apply to the State Administrative Tribunal who will decide upon an alternative arrangement.
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The enduring guardian must be 18 years of age or older and have full legal capacity. You should ensure your enduring guardian is aware of your personal preferences about your lifestyle and treatment. Most commonly it will be the spouse, a relative or a friend who is selected.
You can appoint:
one person;or
2 persons jointly.
Joint enduring guardians must make unanimous decisions. Generally it is best to choose a person whom you trust to make decisions in your best interests. If appointing more than one then as they have to act together and agree on all decisions made on your behalf then carefully consider whether they can work together reach appropriate decisions.
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This is a legal document you may have completed containing your decisions about future treatment. It is effective when you are unable to communicate your own judgments about your medical treatment after you have lost capacity. If there is no Advance Health Directive, your treatment decisions will be made on your behalf by your enduring guardian or if none have been appointed, by a person responsible for you.
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This document has been prepared by the law practice Law Central Legal
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