Bank Won't Accept Power of Attorney in WA: What to Do Next

Why Banks Reject Valid EPAs

Financial institutions in Western Australia have tightened their EPA acceptance policies in response to rising elder financial abuse concerns. The problem is that branch staff are rarely trained in WA power of attorney law — so they apply internal risk-avoidance policies that often contradict the legislation.

Common reasons banks give for rejecting a perfectly valid EPA:

"The document is too old." Banks sometimes claim an EPA is "stale" if it was signed more than three to five years ago. There is no statutory expiry on an EPA in Western Australia. An EPA remains valid until it's formally revoked, the donor dies, or a court orders its termination.

"We need our own form." Some banks insist the attorney complete the bank's proprietary power of attorney form. Banks can request additional identification and verification; ask whether their form is required in addition to, rather than instead of, the statutory OPA form.

"We need a doctor's certificate." Banks may ask for an independent medical certificate confirming the donor's capacity at the time of signing. While this can be helpful if capacity is genuinely in question, it's not a statutory requirement for a validly executed EPA.

"We need 100 points of ID for the donor." If the donor has lost capacity and can't attend the branch, producing their ID documents becomes a practical problem. Banks may ask for identity documents for both the donor and the attorney, so ask exactly whose documents are required and whether a certified copy of the EPA will satisfy the bank's verification process.

Your Escalation Path

When a branch refuses to accept your EPA, don't argue with counter staff. Escalate systematically:

Step 1: Request the refusal in writing. Ask the branch manager to provide a written explanation of why the EPA is being rejected, citing the specific policy or legal basis. Most banks can't produce a statutory reason because there isn't one.

Step 2: Escalate to the bank's legal or compliance team. Call the bank's national customer service line and ask to be transferred to the estates or enduring powers team. Major Australian banks have dedicated departments that understand EPA legislation — branch staff often don't.

Step 3: File a formal complaint. If the compliance team doesn't resolve it, lodge a formal complaint through the bank's internal dispute resolution process. Reference the Guardianship and Administration Act 1990 (WA) and the specific sections under which your EPA was validly executed.

Step 4: Contact the Australian Financial Complaints Authority (AFCA). If the bank's internal process fails, AFCA can investigate whether the bank unreasonably refused to honour a valid EPA. This is a free service.

Step 5: Contact the Office of the Public Advocate. The OPA can provide information about decision-making rights and the process for obtaining an administrator if the donor lacks capacity.

The Frozen Account Crisis

The worst-case scenario: your parent has lost capacity, their sole bank accounts are frozen, and the bank won't accept your EPA. Nursing home fees, medical bills, and household expenses are piling up.

If you have a validly executed EPA, the escalation steps above should resolve it. But if the donor lost capacity before an EPA was set up, no amount of escalation will help — the bank is legally correct to refuse access.

In that case, you need a SAT Administration Order. The State Administrative Tribunal can appoint you as administrator, giving you court-backed authority to present to the bank. The SAT doesn't charge application or hearing fees, but the process takes roughly eight weeks. For urgent situations, you can request an interim order, which the SAT can issue within 24–48 hours.

Preventing the Problem

Banks are far less likely to reject an EPA if you take these steps before you need to use it:

• Register the EPA at the bank while the donor still has capacity. Most banks have a "register a power of attorney" process that logs the document against the account in advance.
• Get a certified copy of the EPA specifically for the bank. Some banks won't accept the original (they're afraid of losing it) but will accept a solicitor-certified copy.
• Match names exactly. If the donor's name on the bank account differs from the EPA (maiden name, abbreviated name, missing middle name), sort it out before you need to use the power.
• Keep the EPA current. If the EPA was signed years ago and your parent's circumstances have changed, consider having a new one executed while capacity remains.

The Western Australia Power of Attorney Kit includes a bank acceptance playbook that walks through each major Australian bank's requirements and provides a step-by-step escalation script for when branches push back.

See more Western Australia guides →