What is an Enduring Power of Guardianship?

An Enduring Power of Guardianship (EPG) is a legal document that allows you to appoint one or more trusted individuals, your enduring guardian(s), to make important personal, lifestyle, and medical treatment decisions on your behalf if you become unable to do so yourself.

Your EPG only comes into effect when you lose the capacity to communicate or make reasonable decisions about your health, living arrangements, or personal welfare. It’s a vital part of planning for unforeseen circumstances such as serious illness, injury, or cognitive decline.

At Vogt Legal, we help ensure that your EPG accurately reflects your values and wishes, giving you confidence in the future.

Why Should You Appoint an Enduring Guardian?

• You can choose who will look after your best interests, ensuring your personal beliefs, preferences, and values are respected.
• You decide which powers your enduring guardian will hold, from making lifestyle choices to consenting to medical treatments.
• Avoid the stress and uncertainty of having family members apply to the State Administrative Tribunal (SAT) for guardianship if no EPG is in place.
• You can appoint one or more substitute guardians to act if your primary guardian is unable or unwilling to act.

What Decisions Can Your Enduring Guardian Make?

Your enduring guardian can make decisions related to:

• Where you live and what support services you receive
• Daily personal care and lifestyle choices
• Consent to or refusal of medical treatments (unless you have an Advance Health Directive, which takes precedence over conflicting treatment decisions)

Our experienced team can tailor your EPG to specify exactly which decisions your guardian can make.

How Does Treatment Decision-Making Work?

If you are capable, you always have the right to make your own treatment decisions. If you lose capacity:

• Non-urgent treatment decisions are made based on a legal hierarchy starting with your Advance Health Directive (if any), then your enduring guardian with authority, and then other family or close persons.
• Without a valid Advance Health Directive or EPG, health professionals will seek decisions from the nearest person on this hierarchy who is willing and capable.

Why Use a Lawyer to Draft Your EPG?

Using a lawyer ensures your EPG:

• Is legally valid, comprehensive, and tailored to your personal circumstances
• Complies with all legislative requirements under the Guardianship and Administration Act 1990 (WA)
• Properly outlines your wishes and the powers granted to your enduring guardian

Our experienced lawyers provide clear guidance throughout the process, helping you make informed choices and providing peace of mind for you and your loved ones.

What Happens If You Don’t Have an Enduring Power of Guardianship?

If you lose the ability to make personal and lifestyle decisions and have not appointed an Enduring Guardian, family members may need to apply to the State Administrative Tribunal to be appointed as your guardian. This process can be time-consuming, costly, stressful, and may result in decisions being made by someone you would not have chosen.

How much does it cost?

Our price guide is as follows:

• Enduring power of attorney or enduring power of guardianship:
  • Couple: $330 (or $660 for both);
  • Single: $220 (or $440 for both).

• Will, enduring power of attorney and enduring power of guardianship package:
  • Couple: $1,210;
  • Single: $770.

How We Can Help You

At Vogt Legal, we understand how difficult it can be to consider losing control over personal decisions. Our caring and knowledgeable team will guide you through every step of creating your Enduring Power of Guardianship:

• Discuss your circumstances, preferences, and concerns
• Explain the roles and responsibilities of an enduring guardian
• Help you select the right person(s) to protect your interests
• Draft a clear, legally binding document that reflects your wishes

Don’t wait until a crisis arises. Protect your personal autonomy by appointing an Enduring Guardian today. Contact us to schedule a consultation and secure your peace of mind.