Planning for Mental Incapacity: Why Enduring Powers of Attorney & Guardianship are Essential
While your Will governs your wishes after death, it doesn’t address situations where you may lose mental capacity due to age, illness, or accident. Granich Partners is the leading firm in Western Australia for succession and estate planning, ensuring your interests are protected even while you are still alive.
Enduring Powers of Attorney (EPA) and Enduring Powers of Guardianship (EPG) are critical documents that safeguard your health, finances, and lifestyle choices if you become unable to manage them yourself. Setting up these arrangements can bring peace of mind for both you and your loved ones, alleviating potential burdens on family members during difficult times.
What is an Enduring Power of Attorney (EPA)?
An EPA is a legal document that enables you, as an adult with legal capacity (known as “the Donor”), to grant another individual (the “Donee”) the legal authority to make decisions about your finances and property while you are alive. The Donee is empowered to manage:
General financial expenses
Payment of debts
Receipt of income
Tax obligations
Centrelink entitlements
Real property (e.g., sale, lease, and dealings with third parties)
The Donee’s authority ensures your financial interests are managed in your best interests, providing protection and stability.
What is an Enduring Power of Guardianship (EPG)?
An EPG allows you, as a competent adult (the “Appointor”), to designate another person (known as the “Enduring Guardian” or “Appointee”) to make personal, lifestyle, and treatment decisions on your behalf. This can include decisions on:
Medical, surgical, and dental treatment, including life-support and palliative care
Residential arrangements
Support services and lifestyle choices
The Enduring Guardian can consent to or refuse specific medical treatments on your behalf, ensuring your personal wishes are followed even if you’re unable to express them.
What Happens if You Do Not Have an EPA or EPG?
If you lack an EPA and there are questions about your decision-making abilities, anyone can apply to the State Administrative Tribunal for an administration order. This order designates someone to act on your behalf in financial matters. Similarly, without an EPG, if you become unable to make treatment and lifestyle choices, the Guardianship and Administration Act 1990 (WA) outlines a hierarchy of individuals who may make non-urgent treatment decisions. Without an EPG, your interests may not be managed in the way you would have preferred.
Why Choose Granich Partners for Your Succession and Estate Planning Needs?
As Western Australia’s premier law firm in succession and estate planning, Granich Partners offers comprehensive support for clients seeking peace of mind through EPAs and EPGs. We provide expert guidance through every step of setting up these vital documents, ensuring that your wishes are protected, your family is cared for, and you retain control over important decisions.
Contact Granich Partners today to secure your future with personalised estate planning and succession services that protect you and your loved ones.