Legally appointing someone to make financial decisions

This page provides a plain-English overview of the legal processes involved in planning ahead, as well as links to local information. To get advice about your individual circumstances it is recommended that you consult with one of the agencies referred to below or a legal practitioner.

How do I legally appoint someone to make financial decisions on my behalf?

  • You can do this by appointing someone as an attorney under a Power of Attorney document.
  • Someone appointed as an attorney under a Power of Attorney can make decisions only about financial and property issues – not lifestyle and healthcare issues.
  • There are two types of Power of Attorney – Ordinary and Enduring.
  • An Ordinary Power of Attorney ceases to be valid if the person making it loses capacity (e.g. develops dementia), whereas an Enduring Power of Attorney remains valid even if the person loses capacity in the future.
  • An Enduring Power of Attorney is the best one for people wanting to plan long-term and to cover themselves if they lose capacity in the future.
  • Using the resources on the links below, you may be able to complete the Enduring Power of Attorney form yourself. You may want to get legal advice when completing the form, especially if your financial circumstances are not straightforward. You could get this from a private solicitor or trustee, a community legal centre or the WA Public Trustee.

Links to local resources

To view information, and download a range of brochures and an Information Kit about Enduring Power of Attorney – including the official form – on the Office of the Public Advocate website, click here.

The WA Public Trustee may be able to help you to prepare an Enduring Power of Attorney. They can be contacted here or by calling 1300 746 116.

Step 3: Who will the doctor ask to give consent?