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Governing Rules

The rules governing the execution and operation of an Enduring Power of Guardianship are set out in Part 9A of the Guardianship and Administration Act 1990.

Under Western Australian law, an Enduring Power of Guardianship is recognised as a private legal agreement, so it does not have to be registered. Both the appointor (the person making the Enduring Power of Guardianship) and the enduring guardian should keep copies of the agreement in a safe place from which it can be accessed readily if required.

Both parties must have full legal capacity at the time of signing the EPG. If there is any doubt over the appointor’s capacity, an assessment of capacity should be sought from at least one doctor qualified to make such assessments. The doctor should be advised of the appointor’s intention to make an Enduring Power of Guardianship and be requested to provide a written report of the assessment, stating clearly whether or not the appointor has capacity.

If English is not the appointor’s first language the Public Advocate recommends that an accredited interpreter attend the assessment.

The signatures of both the appointor (the person making the Enduring Power of Guardianship) and the appointee (the person being appointed enduring guardian) must be witnessed by two persons who are not party to the agreement, are at least 18 years of age and have full legal capacity. At least one of these two witnesses must be a person authorised to witness legal documents under the Oaths, Affidavits and Statutory Declarations Act 2005.

Last updated: 25-Aug-2015

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