Storing Power of Attorney Documents in WA

The Document That Only Works If Someone Can Find It

An EPA sitting in a safe nobody can open, or filed in a drawer nobody knows about, is functionally useless when the crisis arrives. The donor has lost capacity, the bank needs proof of authority within 48 hours, and the attorney is scrambling to locate the original document.

Storage and distribution planning is the least dramatic part of the EPA process and the one most likely to cause a real-world failure.

How Many Originals You Need

When you execute an EPA in Western Australia, sign at least three originally signed copies. Here's why:

Copy 1 — Landgate. If the donor owns any real property, the EPA must be registered at Landgate before the attorney can execute any land transaction. Landgate requires the submission of two originally signed EPAs. They permanently archive one and return the second with a registration stamp. If you submit only one original, Landgate keeps it, and you have none left for other institutions.

Copy 2 — Returned by Landgate. This becomes your working original — the registered EPA you present to banks, aged-care providers, and government agencies.

Copy 3 — Backup. Store this separately from the Landgate-returned copy. If the working original is lost, damaged, or held up at a bank that refuses to return it promptly, you have a fallback without needing to purchase a certified copy from the Landgate registry ($113.90).

If the donor doesn't own real property and Landgate registration isn't needed, two originally signed copies are still the minimum — one for active use, one stored securely as backup.

Where to Store the Originals

Primary storage (working original): A fireproof document safe at the attorney's home, accessible without the donor's involvement. The attorney is the person who will need the document in an emergency — storing it at the donor's home creates a problem when the donor can't physically retrieve it.

Secondary storage (backup original): Either a solicitor's secure storage (many firms offer document custody at no cost for existing clients) or a second fireproof safe at a different physical location. Don't store both originals in the same building.

Don't use a bank safe deposit box for EPA originals. If the donor is the box holder and loses capacity, the attorney may need the EPA to access the box — creating a circular dependency. And if the attorney is the box holder, accessing the box during bank branch hours while dealing with a medical crisis is impractical.

Certified Copies: Who Can Certify and Where They Go

Banks, aged-care facilities, hospitals, and government agencies may ask for certified copies of the EPA rather than standard photocopies. The copy must be certified by an appropriate person.

For general use (banks, aged-care providers, Centrelink), a copy can be certified by:

• A Justice of the Peace
• A practicing lawyer or licensed conveyancer
• A medical practitioner
• A pharmacist
• A police officer

For Landgate transactions (property sales, transfers, title changes), the certification requirements are stricter. Landgate does not accept JP certifications. Copies submitted to Landgate must be certified by:

• A solicitor
• A licensed settlement agent
• An authorised Australia Post employee
• Direct verification by a Landgate officer

This Landgate-specific restriction catches many families off guard. A JP-certified copy that works perfectly at the bank will be rejected at Landgate, triggering a requisition notice and a $112.55 fee.

Who Gets a Certified Copy

Distribute certified copies to the following as soon as the EPA is executed:

1. The appointed attorney — they need it to act. If there are joint or substitute attorneys, each one gets a copy
2. The donor's bank — lodge a copy with the bank's estate or legal team (not just the branch manager) and confirm in writing that it's been accepted and recorded
3. The donor's GP — particularly important for the EPG. The GP needs to know who has decision-making authority if the donor is admitted to hospital
4. The donor's solicitor — if they have one, for coordination with the Will
5. Immediate family members — at minimum, the donor's spouse/partner and adult children should know the EPA exists and who the attorney is

For the EPG and Advance Health Directive specifically, also distribute certified copies to:

• The local hospital's patient records department
• Any aged-care facility the donor is associated with
• The enduring guardian (if different from the EPA attorney)

The Landgate Certified Copy Service

If you need an additional certified copy of an EPA that's already registered at Landgate, you can order one from the Landgate registry at $113.90. This is an official Landgate copy that carries the registration details; check the requesting institution's requirements before relying on it.

This is the recovery path if:

• The working original is lost or destroyed
• A bank or institution retains the original and won't return it promptly
• You submitted only one original at registration and Landgate kept it

Processing times for a Landgate certified copy can vary, so contact Landgate if the copy is urgent.

The Transmission Application (After Death)

One storage detail families often overlook: the EPA terminates immediately upon the donor's death. The executor's Landgate transmission process instead relies on the grant, death certificate, identity declaration, and title details below.

When the executor applies for a Grant of Probate and then lodges a Transmission Application (Form A1) at Landgate to transfer the deceased's real property, they'll need:

• The Grant of Probate (certified by a solicitor or settlement agent — not a JP)
• A certified copy of the death certificate
• A Verification of Identity statutory declaration
• The deceased's Certificate of Title details

The Landgate filing fee for a Transmission Application is $225.10 (effective 1 July 2026), plus $8.20 per additional title over 20. For joint tenancies, a Survivorship Application (Form A2) is used instead, with the same fee structure.

Keep these documents together with the estate's title and grant papers so the executor can locate them when lodging.

Creating a Distribution Record

Keep a written log of every certified copy you distribute:

• Date the copy was provided
• Recipient name and role
• Institution (if applicable)
• Confirmation that receipt was acknowledged

This log serves two purposes. First, if you later need to revoke the EPA, you know exactly who holds copies and where to send the formal Notice of Revocation. Second, if the attorney ever needs to prove to a bank or institution that the EPA was properly distributed and accepted, the log provides a clear paper trail.

Getting Storage and Distribution Right

The Western Australia Power of Attorney Kit includes a document distribution log template and a storage checklist that covers the points above — how many originals to sign, where to store them, who gets certified copies, and what to do when Landgate's certification requirements differ from everyone else's. These logistics aren't complicated, but getting them wrong creates expensive delays at the exact moment when speed matters most.

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