Joint vs Joint and Several Attorney in a WA EPA

The Appointment Decision That Creates — or Prevents — Family Disputes

When you set up an Enduring Power of Attorney in Western Australia, you can appoint a single attorney or multiple attorneys. If you appoint more than one, you have to make a choice that affects every transaction for the rest of your life: should they act jointly (unanimously) or jointly and severally (independently)?

Most people spend more time choosing the attorney than understanding this distinction. That's a mistake. The wrong structure can freeze a bank account for months while siblings argue, or it can let one child sell the family home without the other's knowledge.

How Joint Appointments Work

Joint attorneys must agree on every single decision. Both signatures appear on every bank form, every property contract, every bill payment authorisation. If one attorney is overseas, uncontactable, or simply disagrees, nothing moves.

When joint works well:

• Two adult children who live near each other and communicate daily
• A married couple appointing each other with a shared approach to finances
• Situations where the donor specifically wants a check-and-balance system to prevent any one person from acting alone

When joint creates problems:

• One attorney travels frequently or lives interstate
• The attorneys have different views on financial management (one conservative, one willing to sell assets to fund care)
• If one attorney can no longer act, a named substitute provides a planned replacement

The practical reality: Perth banks already scrutinise EPAs heavily. Add a joint appointment, and every transaction requires coordinating two sets of identification, two signatures, and two schedules. For ongoing bill payments and pension management, this gets exhausting fast.

How Joint and Several Appointments Work

Joint and several means each attorney can act independently. Either one can walk into the bank, sign a property contract, or authorise a payment — without the other's involvement or consent.

When joint and several works well:

• Attorneys live in different cities or states
• The donor trusts each attorney equally and wants operational flexibility
• One attorney handles day-to-day banking while the other manages property or investments
• Speed matters (aged-care deposits, settlement deadlines, medical-related expenses)

When joint and several creates risk:

• One attorney makes a large financial decision the other disagrees with
• Family members suspect one sibling of self-dealing
• The donor's estate is complex enough that uncoordinated decisions could cause tax or asset-protection problems

Under a joint and several appointment, each attorney operates as a fiduciary independently. They must keep the donor's funds separate from their own, maintain detailed records of every transaction, and act solely in the donor's best interests. If they breach these duties, the other attorney — or any concerned family member — can apply to the State Administrative Tribunal for a review.

The Substitute Attorney Safety Net

Regardless of which structure you choose, name at least one substitute attorney. A substitute steps in if a primary attorney dies, loses capacity, or resigns. Without a substitute:

• Joint appointment: if one attorney can't act, the appointment may need a replacement; a substitute can help avoid a SAT application
• Joint and several appointment: the remaining attorney continues alone, but you've lost the flexibility of having two people available

The substitute's acceptance must be completed using the formal witnessing requirements for the appointment — two witnesses, one of whom must be an authorized witness under Schedule 2 of the Oaths, Affidavits and Statutory Declarations Act 2005 (WA).

What Happens When Attorneys Disagree

Under a joint appointment, disagreement means deadlock. Neither attorney can act, and bills don't get paid. If they cannot resolve the deadlock, a SAT application may be needed; the standard hearing timeline is approximately eight weeks under Practice Note 9.

Under a joint and several appointment, disagreement is less paralysing but more dangerous. One attorney can proceed with a transaction the other opposes. If the opposing attorney believes the decision harms the donor's interests, they can:

1. Apply to the SAT for an urgent interim order to block the transaction
2. Request the SAT review the attorney's conduct and the appointment
3. Seek information from the Office of the Public Advocate about the available tribunal process

Family disputes over an EPA are more common than most people expect. The typical trigger: one sibling wants to sell the family home to fund aged-care costs, while the other insists on keeping it. The EPA structure you choose determines whether this disagreement stalls everything (joint) or gets resolved by whoever acts first (joint and several).

Practical Recommendations

For most WA families appointing two adult children:

• Joint and several is usually the more practical choice — it prevents deadlock and allows each attorney to handle routine matters efficiently
• Add a written expectation in the EPA that attorneys will consult each other on transactions above a specified threshold, but check the wording against the official form and Landgate requirements before signing
• Appoint a substitute attorney who is independent of the sibling relationship — a trusted family friend or professional
• If you specifically want the check-and-balance of requiring two signatures, go joint — but accept the operational cost and ensure both attorneys live nearby and communicate reliably

Getting the Structure Right From the Start

The Western Australia Power of Attorney Kit includes a decision-maker selection worksheet that walks through the joint vs several question alongside other appointment decisions — immediate vs dormant activation, substitute nominations, and power limitations. It also covers what happens if you need to change the structure later through a formal revocation and re-execution process.

The official EPA forms from the Office of the Public Advocate include the appointment structure options, but they don't explain the practical consequences of each choice in real-world family scenarios. That context is where most families need the most help.

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