❓ Hon. Tjorn Sibma asks about the number and revocation recording of enduring powers of attorney (EPOA) in WA. The Attorney General acknowledges the lack of a central registry and ongoing considerations for a national or state-based solution.
AnsweredQoN 1069Legislative Council
Asked
14 September 2023
Member
Portfolio
parliamentary secretary representing the Attorney General
QuestionView source ↗
ENDURING POWERS OF ATTORNEY
1069. Hon TJORN SIBMA to the parliamentary secretary
representing the Attorney General:
My question is from 31 August and I hope
the parliamentary secretary has it with him.
Hon Matthew Swinbourn : I imagine
I do.
Hon TJORN SIBMA : Splendid! It
is question 1095, by the way, just to be helpful.
Hon Matthew Swinbourn : I have
got it.
Hon TJORN SIBMA : Fantastic!
I refer to the use of enduring
powers of attorney documents in Western Australia.
(1) Can the
Attorney General estimate the number of such documents that are presently
active within this jurisdiction?
(2) Can the Attorney General advise how the revocation
of such documents is recorded within this jurisdiction?
1069. Hon TJORN SIBMA to the parliamentary secretary
representing the Attorney General:
My question is from 31 August and I hope
the parliamentary secretary has it with him.
Hon Matthew Swinbourn : I imagine
I do.
Hon TJORN SIBMA : Splendid! It
is question 1095, by the way, just to be helpful.
Hon Matthew Swinbourn : I have
got it.
Hon TJORN SIBMA : Fantastic!
I refer to the use of enduring
powers of attorney documents in Western Australia.
(1) Can the
Attorney General estimate the number of such documents that are presently
active within this jurisdiction?
(2) Can the Attorney General advise how the revocation
of such documents is recorded within this jurisdiction?
AnswerView source ↗
I
thank the member for some notice of the question. The following answer has been
provided by the Attorney General.
(1) Enduring
powers of attorney are private documents that the maker is not required to
register in Western Australia. People making an EPOA can, if they choose, lodge
their EPOA with Landgate. People may also choose to lodge copies with relevant
financial institutions. As per the response to question 961, the Standing
Council of Attorneys-General is deliberating on the development of a national
register and the options will need to be considered by cabinet once SCAG has
made a decision. The Department of Justice is currently working on scoping a state-based
register in the event a national register of enduring powers of attorney is not
developed.
(2) To revoke an EPOA, the maker must have full legal
capacity and revocation is not in effect until the attorney has been advised by
the maker that the EPOA is revoked. That is not the attorney general, by the
way; that is the attorney under the EPOA. The Public Advocate recommends that
the maker give written notification of
the fact they are revoking their enduring power of attorney to all attorneys
and substitute attorneys, any financial institutions where the EPOA has
been lodged and any other people or organisations who have been given a copy of
the EPOA. Landgate has specific requirements for the revocation of an EPOA that
has been lodged with Landgate.
thank the member for some notice of the question. The following answer has been
provided by the Attorney General.
(1) Enduring
powers of attorney are private documents that the maker is not required to
register in Western Australia. People making an EPOA can, if they choose, lodge
their EPOA with Landgate. People may also choose to lodge copies with relevant
financial institutions. As per the response to question 961, the Standing
Council of Attorneys-General is deliberating on the development of a national
register and the options will need to be considered by cabinet once SCAG has
made a decision. The Department of Justice is currently working on scoping a state-based
register in the event a national register of enduring powers of attorney is not
developed.
(2) To revoke an EPOA, the maker must have full legal
capacity and revocation is not in effect until the attorney has been advised by
the maker that the EPOA is revoked. That is not the attorney general, by the
way; that is the attorney under the EPOA. The Public Advocate recommends that
the maker give written notification of
the fact they are revoking their enduring power of attorney to all attorneys
and substitute attorneys, any financial institutions where the EPOA has
been lodged and any other people or organisations who have been given a copy of
the EPOA. Landgate has specific requirements for the revocation of an EPOA that
has been lodged with Landgate.
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