Enduring Power of Guardianship

You can legally plan how you wish decisions in relation to your health and lifestyle to be made if you become incapacitated.

In most instances, having an EPG in place will alleviate the need for the State Administrative Tribunal to be involved.

What is an Enduring Power of Guardianship?

An Enduring Power of Guardianship is a legal document that enables you to appoint a person or persons of your choice to make important personal, lifestyle and health care decisions on your behalf

What happens if you don’t have an Enduring Power of Guardianship?

If you become incapacitated and don’t have an EPG, your personal, lifestyle and health care decisions can only be made by a guardian appointed by the State Administrative Tribunal.

But if you DO have an Enduring Power of Guardianship?

Your personal, lifestyle and health care decisions are handled by the person(s) you choose and trust. That person becomes your guardian and legally can make personal, lifestyle and health care decisions on your behalf.

When would my EPG come into effect?

Your EPG would come into effect only if you lose the capacity to make decisions for yourself.

What if I want someone to manage my financial affairs?

If you want someone to manage your property and financial affairs you should make an Enduring Power of Attorney. This enables you to appoint someone to manage your financial matters.
If you want to appoint the same person as your attorney and guardian you must have both documents – an Enduring Power of Attorney to appoint them as your attorney and an Enduring Power of Guardianship to appoint them as your enduring guardian.

What decisions can an enduring guardian make?

An enduring guardian can make personal, lifestyle and health care decisions (including medical, surgical and dental treatment, other health care including life sustaining measures or palliative care.) You can give your enduring guardian the power to make all of these decisions or you can limit their decision-making authority.

Click here to email us for more information about obtaining Enduring Power of Guardianship in Perth.

Click here for more information about Enduring Powers of Attorney (financial decisions).