Enduring Power of Attorney Western Australia

Two Separate Documents

Western Australia splits decision-making authority into two entirely separate instruments under the Guardianship and Administration Act 1990. An Enduring Power of Attorney handles financial and property matters. An Enduring Power of Guardianship handles personal, lifestyle, and medical decisions.

Neither document covers the other's territory. An EPA does not give the attorney authority to consent to surgery or choose an aged care facility. An EPG does not give the guardian authority to access bank accounts or sell property. If your parent only signs one, the gap will surface at the worst possible time — usually when a hospital needs medical consent or a bank needs financial authorisation.

WA also recognises Advance Health Directives for specific binding treatment refusals — a third document for families who want to record preferences about life-sustaining treatment, resuscitation, or palliative care.

Witnessing Requirements

Both the EPA and EPG require two independent adult witnesses. For the EPA, WA accepts a Commissioner for Declarations or other qualified witness. For the EPG, two independent adult witnesses are required.

Both witnesses must sign the required witnessing section, and the principal must meet the applicable capacity requirements.

The two-witness requirement adds a logistical step compared to states like South Australia or Queensland (which need only one), but it provides stronger protection against later challenges.

When the Power Takes Effect

The principal can choose when the EPA starts operating. The standard options are immediately upon signing, at a specific date, or only upon loss of capacity. The capacity-trigger option requires medical evidence before the attorney can act.

The EPG operates differently. Personal and lifestyle powers under the EPG only take effect when the principal loses capacity — there is no option for immediate commencement. This is a protective measure built into WA's guardianship legislation.

Landgate Registration

WA does not require EPA registration for routine financial transactions. But if the attorney needs to sell, transfer, lease, or mortgage real property, the EPA must be registered with Landgate — WA's land registry.

Registration requires the original EPA document, a Landgate Application Form, and a fee of $225.10 (2026/2027 financial year). If a duplicate certificate of title exists, it must be produced to Landgate at the time of lodging.

Registration is technically optional for non-property matters, but it is strongly recommended even if no property sale is immediately planned. If your parent enters residential aged care and a Refundable Accommodation Deposit needs to be funded by selling the family home, having the registration already in place avoids delays.

SAT Applications When Capacity Is Lost

If your parent has already lost capacity, they cannot sign either an EPA or an EPG. The fallback is applying to the State Administrative Tribunal (SAT) — WA's guardianship tribunal.

SAT applications are free. You will need a SAT Medical Report or Service Provider Report. The research guidance recommends evidence usually less than three months old and addressing whether the person can understand, retain, and weigh information relevant to their decisions.

SAT can appoint a guardian (for personal decisions) and an administrator (for financial decisions). It follows the "least restrictive" principle — it will only make an order if informal arrangements are not working.

Private administrators appointed by SAT are subject to mandatory annual account audits by the Public Trustee. The audit fee is $354 per hour, with a minimum charge of $354. If no suitable family member is available, SAT appoints the Public Trustee directly, which carries ongoing management commissions.

Practical Considerations for WA Families

WA families need to coordinate three documents for complete coverage: EPA, EPG, and potentially an Advance Health Directive. Completing all three in the same signing session — with the same two witnesses — is the most efficient approach.

If your parent has early-stage dementia or any cognitive concerns, book a capacity assessment with their GP or a specialist before the signing session. That medical record becomes critical protection if the documents are later challenged.

For the complete WA process — including witnessing checklists, Landgate registration steps, and SAT application guidance — see our Enduring Power of Attorney and Guardianship in Australia guide.

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