Guardianship vs Enduring Power of Attorney - Hetherington Funerals

Understanding the Difference:
Enduring Power of Attorney
vs. Enduring Power of Guardianship

Planning ahead for a time when you may be unable to make your own decisions is a wise and compassionate step. Two legal documents commonly used in Western Australia to help manage this are the Enduring Power of Attorney (EPA) and Enduring Power of Guardianship (EPG). While both allow you to appoint someone to make decisions on your behalf, they serve different purposes.
 

Enduring Power of Attorney (EPA)

An Enduring Power of Attorney allows you to appoint someone (your attorney) to manage your financial and property affairs. This may include:
 
  • Paying bills and managing bank accounts
  • Buying or selling property
  • Handling investments
  • Signing legal documents

 

Key Facts:

  • Can start immediately or only if you lose capacity.
  • Only valid if you have full legal capacity at the time of signing.
  • Does not give authority over personal or medical decisions.
  • Can be revoked at any time while you still have capacity.
    This is especially useful if you wish to prepare for future incapacity due to a medical procedure, illness, injury, or age-related decline.

On average, the repatriation process takes approximately three weeks. This timeline begins when the coroner releases the body and ends when the flight departs. However, several factors can influence this timeframe, such as the destination country, the documentation required, and any specific arrangements made by the family. Flexibility is often necessary, as delays can occur depending on the various parties involved.

 

 

Enduring Power of Guardianship (EPG)

An Enduring Power of Guardianship enables you to appoint an enduring guardian to make personal, lifestyle, and health care decisions if you lose decision-making capacity. These decisions may include:
  • Where and with whom you live
  • What medical treatment you receive (including palliative care)
  • Access to support services
  • Day-to-day lifestyle matters

 

Key Facts:

  • Only takes effect if you lose capacity.
  • You choose what decisions your guardian can make — their authority can be broad or limited.
  • Cannot be used to manage finances or property.

An EPG provides peace of mind that someone you trust will act in your best interests when you’re no longer able to make those choices.

 

 

Comparison at a Glance

Feature

EPA (Attorney)

EPG (Guardian)

Covers

Financial & legal decisions

Health, lifestyle & accommodation

Starts

Immediately or upon loss of capacity

Only upon loss of capacity

Authority includes

Banking, contracts, real estate

Medical care, living arrangements

Cannot decide on

Medical or personal care

Finances or legal matters

Legal Requirements

Must have full legal capacity

Must have full legal capacity

 

Legal Considerations

Both documents require that you are over 18 and have full legal capacity. This means you understand the nature and consequences of the appointment. If there is any doubt, a capacity assessment by a doctor is recommended.

For non-English speakers or those unable to read/write, special clauses can be used — legal advice is recommended in these situations.

 

Storing Your Documents

Store signed copies of your EPA and EPG in a safe but accessible place. It’s a good idea to give copies to your appointed person, your GP, and relevant service providers. You can also upload a copy to your My Health Record.

 

 

In Summary

Creating an Enduring Power of Attorney and/or Enduring Power of Guardianship ensures that your wishes are respected, and someone you trust can act on your behalf when you’re unable to do so. Each document serves a distinct purpose, and together they form a strong foundation for future planning.

An Enduring Power of Attorney (EPA) and an Enduring Power of Guardianship (EPG) are both important legal documents that allow you to appoint someone you trust to make decisions on your behalf if you’re no longer able to do so yourself.

An EPA gives authority over financial and property matters, while an EPG covers personal, lifestyle, and medical treatment decisions.

It’s important to know that both documents are only valid during your lifetime. Once you pass away, they no longer apply. At that point, responsibility for managing your affairs shifts to the executor of your Will or, if there is no Will, to an administrator appointed by the court.

These documents are designed to support and protect you while you’re alive, ensuring your wishes are respected during times when you might not be able to speak for yourself.

If you’re unsure which one is right for you, consider speaking with a legal professional or your local Public Advocate’s office.

For more information on Enduring Power of Attorney visit https://www.wa.gov.au/service/justice/civil-law/enduring-power-of-attorney

For more information on Enduring Power of Guardianship visit https://www.wa.gov.au/organisation/department-of-justice/office-of-the-public-advocate/enduring-power-of-guardianship

In our next blog we will discuss the differences between an executor, an administrator and a trustee.