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This automated process follows the format of the Enduring Power of Attorney (EPOA) form prescribed by the Government of Western Australia.
An Enduring Power of Attorney is not cancelled if the principal loses capacity.
An Enduring Power of Attorney can only be used to appoint attorneys as decision makers for financial matters: a separate Enduring Power of Guardianship is required for appointing decision makers for personal matters.
1️⃣ The law of Western Australia restricts the principal to appointing a maximum of up to two eligible attorneys and up to two eligible substitute attorneys;
2️⃣ This form restricts the ability to appoint substitute attorneys so that three attorneys can never be accidentally concurrently authorised;
3️⃣ Can specify when the substitute attorney’s authority begins;
4️⃣ The principal can specify conditions and limitations on the attorneys’ authority;
5️⃣ Details for prescribed witnesses can be inserted in the form if known; and
6️⃣ Choose when the power to make decisions starts – i.e.: immediately; or only when a declaration has been made by the State Administrative Tribunal.
If you are a member of a Self-Managed Super Fund (SMSF) and proceed to and lose your legal decision making capacity you will encounter expensive and complex legal issues if you don't have an EPOA already in place.
The Superannuation Industry (Supervision) Act 1993 (Cth) (SISA) allows an Enduring Power of Attorney (EPOA) to act on behalf of a member.
Further Reading: A Guide to Enduring Power of Attorney in Western Australia published by the Office of the Public Advocate.
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Ensure you are able to keep your Pet/s with you [as long as possible] by providing specific written directions ahead of time and including financial provision for the support of yourself, your Pet/s long-term care, maintenance, health + pet insurance + potentially your Pet/s carer in your Enduring Power of Attorney [EPOA] / NT Advance Person Plan.
Think of setting up an informal arrangement with the RSPCA as a back-up plan just in case for some reason your friends or family circumstances change and they are no longer in a suitable position to take on the responsibility for long-term care of your Pet/s.
RSPCA Home Ever After / Pet Bequest / Pet Legacy program
For a more detailed discussion please refer to our blog article “Care Planning for your Furry, Fluffy or Fine-Feathered Pets" by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
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