Signing On Your Behalf


The Public Advocate provides a telephone advisory service (1300 858 455) that provides information about Enduring Powers of Attorney (EPA) and Enduring Powers of Guardianship (EPG). Recorded infomation, including answers to a range of common questions regarding EPAs and EPGs, is available 24 hours a day. To speak to an advisory officer, call the service between 9am and 5pm, Monday to Friday.

WHY DO I NEED TO PLAN FOR FUTURE DECISION-MAKING?

Throughout our lives we make decisions about how we live based on our personal preferences, beliefs and values. If an accident or illness resulted in some form of decision-making disabilty that prevented you from making your own decisions you might want to have some control over how these were made.
 
Planning for the future will enable you to choose how treatment decisions are made in the future and/or who will make personal, lifestyle and treatment decisions on your behalf, if you are ever unable to do so. By preparing for the future you will also have the opportunity to give those people you appoint as decision makers some guidance about what your personal preferences are which will assist them in making decisions in your best interests.
 

WHAT PLANNING OPTIONS ARE AVAILABLE TO ME?

In Western Australia there are three legal tools which may assist you to plan for how decisions are made on your behalf in the future. These are an:
 
Enduring Power of Attorney: enables you to appoint someone to make financial and property decisions
 
Enduring Power of Guardianship: enables you to appoint someone to make personal, lifestyle and treatment decisions
 
Advance Health Directive: enables you to write down your decisions about the specific treatment and health care you would want in certain medical circumstances
 

DO I HAVE TO REGISTER ANY OF THE DOCUMENTS?

There is no need to register any of these powers. However, to ensure that your wishes are followed, the Public Advocate recommends that you give your enduring guardian general practitioner, any other health professionals and family members a certified copy of your EPG.
 

DO I NEED TO HAVE LEGAL CAPACITY?

To appoint an enduring guardian or attorney and/or make an Advance Health Directive, you must have what is referred to in the legislation as 'full legal capacity'. This means you must be capable of making reasoned decisions and therefore be able to make a formal agreement and understand the implications of statements contained in that agreement, at the time of completing the form/s.
 
If there is any doubt about the decision-making capacity of a person at the time they wish to make any of these powers, the written opinion of a doctor or other medical/health professional should be sought.
 

FOR FURTHER INFORMATION CONTACT

Office of the Public Advocate

Level 1, 30 Terrace Road, EAST PERTH WA 6004
 
PO BOX 6293, EAST PERTH WA 6892
 
Telephone: 1300 858 455  TTY: 1300 859 955
 
Facsmile: (08) 9278 7333
 
 
 
The information presented is provided voluntarily as a public service. The information and advice provided is made available in good faith but is provided solely on the basis that readers will be responsible for making their own assessment of the matters discussed herein and that they should verify all relevant representations, statements and information. Neither the State of Western Australia ("the State") nor any agency or instrumentality of the State nor any employee or agent of the State or of any agency or instrumentality of the State shall be responsible for any loss or damage howsoever caused and whether or not due to negligence arising from the use or reliance on any information or advice provided in the Guidelines.
 
Source: Government of Western Australia Department of the Attorney General 2010