Power of Attorney in Western Australia
Everything you need to know about creating a legally valid Power of Attorney in WA. Learn about Enduring Power of Attorney, Enduring Power of Guardianship, witnessing requirements, and costs.
Quick Facts — POA in WA
Financial POA Legislation
Guardianship and Administration Act 1990 (WA)
Health/Personal Legislation
Guardianship and Administration Act 1990 (WA)
POA Types Available
4 types
Solicitor Cost
$400–$1,100
Types of Power of Attorney in WA
Western Australia offers several types of Power of Attorney, each serving a different purpose. Understanding the differences is essential to ensuring your wishes are properly documented and legally enforceable.
General Power of Attorney
authorises your attorney to act on your behalf for financial and property matters while you have capacity. It ceases to have effect if you lose mental capacity.
Enduring Power of Attorney
authorises your attorney to manage your financial and property affairs, and continues to operate after you lose mental capacity. Created under the Guardianship and Administration Act 1990.
Enduring Power of Guardianship
a separate appointment under the Guardianship and Administration Act 1990 that authorises a person (your "enduring guardian") to make personal, lifestyle, and medical treatment decisions on your behalf if you lose capacity. WA uses the term "Enduring Power of Guardianship" rather than "Enduring Guardian".
Advance Health Directive
a document that records your wishes about future medical treatment. WA recognises advance health directives under common law principles, though there is no specific standalone legislation governing them.
Witnessing Requirements in WA
An Enduring Power of Attorney in Western Australia must be witnessed by an authorised witness. Authorised witnesses include a person before whom a statutory declaration may be made — this includes Justices of the Peace, commissioners for declarations, notary publics, Australian legal practitioners, members of parliament, police officers, public servants, and certain other professionals. The witness must sign a certificate stating that the principal appeared to understand the nature and effect of the enduring power of attorney and signed it voluntarily. For an Enduring Power of Guardianship, the document must also be signed by the principal and witnessed by an authorised witness who provides the same certification.
Important: An improperly witnessed Power of Attorney may be invalid. ezyWill provides detailed, WA-specific witnessing instructions with every POA document to help ensure your document is legally valid.
Can Your Attorney Sell Property in WA?
Yes, an attorney under an Enduring Power of Attorney in Western Australia can sell real property on the principal's behalf, provided the POA grants authority for property dealings and does not contain express restrictions. The attorney must act in the principal's best interests and is subject to the duties and obligations set out in the Guardianship and Administration Act 1990. For property transactions, the POA must be registered with Landgate (the WA land registry) before it can be used. The original or a certified copy of the POA will need to be presented to Landgate, banks, and conveyancers.
How to Revoke a Power of Attorney in WA
You can revoke an Enduring Power of Attorney in Western Australia at any time while you have legal capacity. The revocation must be in writing and signed by you. You should notify all attorneys named in the document and any institutions that hold a copy. If the POA has been registered with Landgate, you must also lodge a revocation with Landgate. The State Administrative Tribunal (SAT) can also review and revoke a POA on application by an interested party if the attorney is acting improperly, negligently, or not in the principal's best interests.
When Does a Power of Attorney End in WA?
An Enduring Power of Attorney in WA ends when: the principal revokes it (while they have capacity); the principal dies; the attorney dies, becomes bankrupt, or loses capacity; the attorney resigns in accordance with the Act; or the State Administrative Tribunal (SAT) revokes the appointment. A general (non-enduring) power of attorney ends when the principal loses capacity. An Enduring Power of Guardianship ends on the death of the principal, revocation by the principal (while they have capacity), or order of SAT.
Unique Considerations for WA
- WA uses the term "Enduring Power of Guardianship" for health and personal decisions — not "Enduring Guardian" (NSW) or "Medical Treatment Decision Maker" (VIC).
- Both financial POA and guardianship appointments are governed by the same Act — the Guardianship and Administration Act 1990 — but they are separate documents.
- An Enduring Power of Attorney must be registered with Landgate (the WA land registry) before it can be used for property transactions.
- The State Administrative Tribunal (SAT) has jurisdiction to review, suspend, or revoke enduring powers of attorney and guardianship appointments.
- WA does not have specific standalone advance health directive legislation — advance health directives are recognised under common law principles.
- WA is a large, geographically dispersed state, so having a POA in place is particularly important for people in regional and remote areas who may face challenges accessing tribunal processes quickly.
Cost of Power of Attorney in WA
Creating a Power of Attorney does not have to be expensive. Here is how ezyWill compares to a traditional solicitor in Western Australia.
Traditional Solicitor
$400–$1,100
Per document, plus revision fees
ezyWill
$99
State-specific POA + Digital Vault
How to Create Your Power of Attorney in WA
Creating your Power of Attorney with ezyWill is straightforward. Our guided process ensures your document complies with Guardianship and Administration Act 1990 (WA) and includes all the necessary provisions for Western Australia.
Sign Up Free
Create your free ezyWill account. No credit card required to get started.
Answer Guided Questions
Our plain-English questionnaire walks you through appointing your attorney, setting powers, and specifying any conditions or limitations — all tailored to WA requirements.
Download Your POA
Review your professionally formatted Power of Attorney document, generated in full compliance with the Guardianship and Administration Act 1990 (WA). Download as a PDF.
Sign with Required Witnesses
Print your POA, sign it, and have it witnessed according to WA's specific requirements. ezyWill provides detailed witnessing instructions to ensure validity.
Frequently Asked Questions — Power of Attorney in WA
Can a power of attorney sell property in Western Australia?
Yes, an attorney acting under an Enduring Power of Attorney in WA can sell real property, provided the POA grants authority for property dealings and does not specifically restrict it. The POA must first be registered with Landgate (WA's land registry) before it can be used for property transactions. The attorney must act in the principal's best interests and comply with their duties under the Guardianship and Administration Act 1990. Banks and conveyancers will also require sight of the registered POA before proceeding with a property sale.
How do I get an enduring power of attorney in WA?
To create an Enduring Power of Attorney in Western Australia, you must be at least 18 years old and have legal capacity. The document must be signed by you and witnessed by an authorised witness (such as a Justice of the Peace, lawyer, notary public, or police officer). The witness must certify that you appeared to understand the nature and effect of the document and signed it voluntarily. With ezyWill, you can create your WA Enduring Power of Attorney online in under 20 minutes — our platform generates the correct WA-compliant document, which you then print, sign, and have witnessed.
What is an enduring power of guardianship in WA?
An Enduring Power of Guardianship is a WA-specific document created under the Guardianship and Administration Act 1990 that allows you to appoint a person (your "enduring guardian") to make personal, lifestyle, and medical treatment decisions on your behalf if you lose mental capacity. This is separate from an Enduring Power of Attorney, which deals with financial and property matters. Your enduring guardian can make decisions about your health care, where you live, and your daily activities. WA is the only state that uses this specific term.
How much does a power of attorney cost in WA?
A solicitor in Western Australia typically charges $400–$1,100 to prepare an Enduring Power of Attorney. If you also need an Enduring Power of Guardianship, expect an additional $300–$600. With ezyWill, you can create your WA Enduring Power of Attorney for $99, including state-specific documentation, witnessing instructions, and secure storage in your Digital Vault.
How do I revoke a power of attorney in WA?
To revoke an Enduring Power of Attorney in WA, you must have legal capacity. Put the revocation in writing, sign it, and notify all attorneys named in the document. If the POA has been registered with Landgate, lodge a revocation with Landgate as well. Notify any banks or institutions that hold a copy. If there are concerns about the attorney's conduct and you lack capacity to revoke, an interested party can apply to the State Administrative Tribunal (SAT) for a review and potential revocation.
Do I need to register my power of attorney with Landgate in WA?
Registration with Landgate is not mandatory for all purposes, but it IS required if the POA will be used for property transactions (buying, selling, mortgaging land). Even if you do not plan to use the POA for property matters immediately, registering it with Landgate is recommended as it provides an official record and avoids delays if property dealings become necessary in the future. There is a registration fee payable to Landgate.
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