3/24/2024 0 Comments Guardianship paper![]() ![]() If English is not the appointor’s first language the Public Advocate recommends that an accredited interpreter attend the assessment. These circumstances do not prevent you from making an Enduring Power of Guardianship. Being unable to read or write, sign your name or understand English. The doctor should be advised of the appointor’s intention to make an EPG and be requested to provide a written report of the assessment, stating clearly whether or not the appointor has capacity. If there is any doubt over the appointor’s capacity, an assessment of capacity should be sought from at least one doctor qualified to make such assessments. Full legal capacityīoth parties must have full legal capacity at the time of signing the EPG. The EPG form is a straight-forward document that most people will be able to complete without legal or other assistance. Under Western Australian law, an Enduring Power of Guardianship is recognised as a private legal agreement, so it does not have to be registered. You can maintain decision-making authority over some aspects of your life while passing on authority for more complex decisions, which can be beneficial if you have a condition that develops over an extended period of time. ![]() The level of decision-making authority is determined by your EPG. For example, you may authorise your enduring guardian to make decisions about any treatment you receive, but not about where you live or who you associate with. seek and receive information on your behalf.Īlternatively, you may limit the decision-making authority of your enduring guardian.advocate for and make decisions about the support services you access.commence, defend, conduct or settle any legal proceedings on your behalf, except proceedings that relate to your property or estate.decide what education and training you receive.make treatment decisions on your behalf to any medical, surgical or dental treatment or other health care (including palliative care and life-sustaining measures such as assisted ventilation and cardio-pulmonary resuscitation).decide whether or not you work and, if so, any matters related to that work.decide where you live, whether permanently or temporarily.This would enable your enduring guardian to: You may authorise your enduring guardian to make the same range of decisions as a plenary guardian. The scope of decision-making authority given to your enduring guardian is determined by you. You have control over how your Enduring Power of Guardianship will work. For example, you might direct that your enduring guardian act only when they are in the same State as you. When making an EPG you must determine the circumstances under which your enduring and substitute enduring guardians will act. ![]() You may also appoint substitute enduring guardians who would take over decision-making responsibilities in the event one or more of your enduring guardians was unable to continue in the role. ![]() The Public Advocate recommends you do not appoint more than two joint enduring guardians. If you plan to appoint more than one enduring guardian, it is important to consider their ability to work together on your behalf. You can appoint more than one enduring guardian as joint enduring guardians, but they must act jointly which means they must reach agreement on any decisions they make on your behalf. Your enduring guardian must be 18 years of age or older and have full legal capacity.Īn enduring guardian can be authorised to make decisions about things such as where you live, the support services you have access to and the treatment you receive.Īn enduring guardian cannot be authorised to make property or financial decisions on your behalf. The person you appoint to make decisions on your behalf is known as the enduring guardian. The rules governing the execution and operation of an Enduring Power of Guardianship are set out in Part 9A of the Guardianship and Administration Act 1990.
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