If you currently have assets and responsibilities it is prudent insurance to prepare an EPA immediately. Accidents and illness can strike without warning, it doesn’t matter how young you are. A logical time to make an EPA is when you have your Will made.

In WA, you get to choose whether it comes into effect from the date of signing or only once you have lost capacity and the State Administrative Tribunal has confirmed that the document should now be in effect. If you have somebody that you trust implicitly, making the document come into effect from the date of signing will give the most flexibility and utility.

This wording is used in an Enduring Power of Attorney and means that the people appointed can act together (“jointly”) or separately (“severally”)

An EPA lasts until death unless it is revoked by the donor and can come into effect the moment it is signed.

An Enduring Attorney is not able to make personal, lifestyle and treatment decisions on the persons behalf. The authority of the Enduring Attorney is limited to making decisions about financial and legal affairs.

It is possible for the same person to be appointed as both the Enduring Guardian and Enduring Attorney at the same time. This often happens when one family member has more ability or time to undertake the role.

A person must be 18 or over and have the capacity to form their own decision on making an EPG.

The EPG will only be used if and when an individual becomes unable to make decisions for themselves. The person can choose the decisions the enduring guardian will be able to make, such as where they live and what treatment and services they receive. If the person makes an Advanced Health Directive this will take priority over the decisions of the enduring guardian for the treatment stated in the document.

You can do this if you would like the oversight, checks and balances that having two people can provide. However, it can make joint decision making and actions difficult and inconvenient if the persons appointed do not live in the same area or if one is away, or sick. If one of the joint attorneys or guardians dies or loses capacity, then in some cases the document becomes invalid.

An Advance Health Directive (AHD), also known as a living will, is a legal document that allows you to make your own healthcare and treatment decisions for the future, should you become unable to communicate them yourself due to serious illness or injury. It outlines your preferences, values, and any specific medical care you want or don't want, which health professionals and your loved ones can then follow. I recommend you contact PalliativeCare WA to assist you with this document.

An Enduring Power of Guardianship (EPG) is a legal document which an individual can appoint one or more persons as an enduring guardian to make personal, lifestyle and treatment decisions for them. The person can choose the type of decisions their enduring guardian will be able to make. These decisions include where they will live, and what treatment they will receive.

An Advance Health Directive (AHD) is a legal document completed by an adult with full legal capacity which contains decisions regarding future treatment. It specifies the treatment(s) for which consent is provided or refused under specific circumstances and only comes into effect if the person becomes incapable of communicating their wishes.

A person can have both an AHD and EPG, but having an AHD overrides the EPG when it comes to treatment.

This means that if they are unable to make a treatment decision themselves, the instructions in their AHD will be used instead of asking the enduring guardian to make these decisions on their behalf, unless the AHD is invalid or does not cover the required treatment.