An Enduring Power of Guardianship (EPG) is a legal document that plays a critical role in Western Australia's guardianship system.
It grants authority to a person chosen by an individual to make important personal, lifestyle, and treatment decisions on their behalf, should they become incapable of doing so themselves.
This practical tool provides a proactive approach in planning for future circumstances when decision-making capacity may become impaired.
In Western Australia, the EPG allows a competent adult with full legal capacity (the appointor) to designate another person (the enduring guardian) to make essential decisions on their behalf.
The scope of the enduring guardian's authority may include medical and lifestyle decisions, as well as day-to-day matters.
It is important to note that an EPG differs from an Enduring Power of Attorney, which is about financial and legal matters.
Understanding Enduring Powers of Guardianship
An Enduring Power of Guardianship (EPG) is a legal document that allows an individual to appoint a person they trust to make important personal, lifestyle, and treatment decisions on their behalf if they become incapable of making such decisions themselves.
This is particularly relevant for matters related to health and well-being, living arrangements, and personal services.
In Western Australia, an enduring guardian can only make decisions that the appointer has specifically authorized in the EPG document. The guardian's powers may be limited or broad, depending on the choices made by the individual creating the EPG.
They must act in the best interests of the appointer and must consider the appointer's wishes when making decisions on their behalf.
It is vital to choose an enduring guardian who can be relied upon to make decisions reflecting the appointer's values and preferences.
The nominated enduring guardian must be at least 18 years old.
The appointer can also choose to appoint more than one enduring guardian if they wish, to ensure a balance of opinions and representation.
The EPG only becomes effective if the appointer loses their decision-making capacity.
Before creating an EPG, it is essential to understand the key principles, legal obligations, and implications involved in granting an enduring power of guardianship.
Legislation and Governing Bodies
In Western Australia, the legislation governing enduring powers of guardianship is the Guardianship and Administration Act 1990. This act outlines the rights, responsibilities, and procedures related to enduring powers of guardianship, providing a legal framework for safeguarding the interests of individuals who are unable to make decisions for themselves due to incapacity.
The Public Advocate is an independent statutory officer appointed by the Western Australian Government to protect and promote the rights of individuals with decision-making disabilities. The Office of the Public Advocate takes an active role in promoting awareness and understanding of enduring powers of guardianship and related legislation among the public.
Another important entity in the area of enduring powers of guardianship is the State Administrative Tribunal (SAT). The SAT is responsible for making decisions regarding the appointment of guardians and administrators, as well as reviewing these appointments and considering any disputes that may arise in relation to enduring powers of guardianship.
Completing the Documentation
To formalize the EPG, you need to complete the required forms and declarations.
The process involves:
Filling out the Enduring Power of Guardianship Form, including all necessary sections such as the appointor's and guardian's details, the extent of the guardian's powers, and any conditions and limitations to those powers.
Having the form witnessed by 2 people, one of whom is authorised by law to take declarations.
Having the appointed enduring guardian(s) sign the Acceptance by Enduring Guardian Form, acknowledging their acceptance of the role and its responsibilities.
It is essential to follow these steps correctly, as any errors or omissions can render the EPG invalid, which may cause difficulties or delays in decision-making during a time of crisis.
Revoking or Amending an Enduring Power of Guardianship
There may be circumstances when someone might choose to revoke or amend their enduring power of guardianship.
An individual can choose to revoke their enduring power of guardianship voluntarily for various reasons, such as changing circumstances, relationships, or personal preferences.
Involuntary Termination
An enduring power of guardianship might be involuntarily terminated in specific situations, including:
The enduring guardian's death.
Upon the occurrence of a specific event mentioned in the enduring power of guardianship document that results in the termination of the guardianship.
The appointment of a new guardian through an order of the SAT.
Dealing with Abuse or Misuse
In some cases, it may be necessary to apply to the State Administrative Tribunal for a review of the guardianship appointment. The tribunal has the authority to review, vary or revoke the enduring power of guardianship if it is determined that abuse or misuse has occurred.
By taking these steps, you can help protect the welfare of the vulnerable individual and ensure that their rights are respected throughout the guardianship process.
Key points
In Western Australia, enduring powers of guardianship provide a valuable tool for individuals to plan for their future personal, lifestyle, and treatment decisions. By appointing a trusted person as their enduring guardian, adults with diminishing cognitive abilities can feel more secure and better prepared for any challenges they may face as their medical or mental conditions change.
When creating an enduring power of guardianship, it is essential to understand the legal requirements and implications associated with this process. The A Guide to Enduring Power of Guardianship in Western Australia is a helpful resource offering comprehensive information about this topic.
Furthermore, it is crucial to carefully consider the person or persons selected to act as the enduring guardian. They should be someone trustworthy, reliable, and capable of making decisions that align with the individual's best interests and personal preferences. Open communication and ongoing discussions between the appointor and their chosen guardian are vital in ensuring that the guardian understands and respects the individual's wishes.
In summary, enduring powers of guardianship play a crucial role in safeguarding an individual's autonomy and promoting their long-term wellbeing. By making informed decisions and seeking professional advice if needed, adults in Western Australia can be confident that they have made the necessary arrangements to maintain control over their personal circumstances and protect their quality of life.