Enduring Power of Attorney Form WA: Where to Get It and How to Fill It In

The Only Form That Counts Is the Official OPA Kit

Western Australia requires an EPA to be in the form, or substantially in the form, prescribed under the Guardianship and Administration Regulations 2005. Generic power of attorney templates from national document generators may not meet WA's statutory requirements and can create problems with banks or Landgate.

The official form is free. Download the complete Enduring Power of Attorney Information Kit from the Office of the Public Advocate (OPA). If you prefer a hard copy, request one by phone or in person at the OPA office in Perth.

Download the full kit, not just the form pages. The kit includes step-by-step instructions, a witnessing guide, and the acceptance-of-appointment sections that your attorneys must sign. Executing isolated form pages without the statutory instructions is one of the most common reasons EPAs get challenged.

Sections You Need to Complete

The EPA form walks through several decisions you must make before signing:

Choosing your attorneys. You can appoint one attorney, two joint attorneys (who must agree unanimously), or two joint and several attorneys (who can act independently). You should also nominate a substitute attorney who steps in if the primary can't act.

Specifying when powers begin. You must indicate whether the EPA is "immediate" (starts once the document is fully completed, including acceptance, and continues through incapacity) or "dormant" (stays inactive until the State Administrative Tribunal formally declares you've lost capacity). Most people choose immediate — it lets the attorney handle routine banking while you're overseas or hospitalised, not just after a cognitive diagnosis.

Defining the scope. You can grant general financial powers or restrict the attorney to specific tasks (e.g., managing one bank account, selling a particular property). If you own real estate, make sure the EPA covers the intended Landgate transaction — a restriction may limit the authority available for that transaction.

Conditions and limitations. If you want the attorney to avoid certain actions (gifting your assets, lending money to family members), state that explicitly. Without written restrictions, the attorney has wide discretionary power over your finances.

The Witnessing Ceremony

Both the donor and the appointed attorneys must sign in front of two independent witnesses. At least one witness must be an "authorised witness" under the Oaths, Affidavits and Statutory Declarations Act 2005 — practising lawyers, doctors, police officers, pharmacists, or Justices of the Peace all qualify.

Neither witness can be a person appointed as attorney or substitute under the document. Both witnesses must be at least 18 and have full legal capacity.

The donor signs first. Then each appointed attorney signs the Acceptance of Appointment section, also witnessed. Skip this step and the EPA is legally incomplete.

Common Errors That Invalidate the Form

These are the most frequent mistakes that lead to banks refusing an EPA or Landgate rejecting a registration:

• Using a retired professional as the authorised witness. The witness must be actively practising — a retired GP or former police officer doesn't count.
• Name mismatch with Landgate titles. If your name on the Certificate of Title doesn't match the EPA exactly (middle name included vs omitted, married name vs maiden name), Landgate issues a Requisition Notice and charges $112.55 to process the correction.
• Submitting only one signed original. Landgate requires two originally signed EPAs. They keep one permanently. If you only lodge one, you lose your only original.
• Missing the acceptance signatures. The attorney's signed acceptance is a statutory requirement, not optional paperwork.

What About Online Template Services?

Platforms like ezyWill, Lawpath, and Quick Laws sell WA-branded EPA templates for $39–$99. They streamline the process with guided questionnaires, but many apply a generic national template with surface-level WA modifications. They often miss the specific Landgate registration requirements, the three-month registration window, and the exact execution procedures for witnessing.

The official OPA form costs nothing and carries absolute statutory authority. If you want structured guidance on completing it — including a checklist that catches the name-matching and witnessing errors before they cause problems — the Western Australia Power of Attorney Kit walks through each section alongside the official form.

See more Western Australia guides →