Form · Elder Law & Powers of Attorney / Guardianship
Enduring power of guardianship (Western Australia): the OPA kit, what the guardian can decide, capacity and no registration
Link to the WA Office of the Public Advocate's enduring power of guardianship page and kit, with a guide to who can make one and be appointed, the personal, lifestyle and treatment decisions covered, limits, capacity, readover clauses, and the fact it is not registered.
- Kind
- Form. A form to complete, or a guide to completing an official one.
- Where it applies
- Western Australia
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 18 October 2026
- Status
- Maintained. Checked on 18 October 2026 against the official form at wa.gov.au and the 2 authorities it cites, for Western Australia.
- Version
- 1
- Source
- Link to the official form. Licence: © Government of Western Australia. Link only: use the current form and kit each time; do not copy or adapt them.
Where this comes from
The official form is published by wa.gov.au; this page is a completion guide. Last checked on 2026-10-18.
When to use it
Use when a Western Australian client aged 18 or over with full legal capacity wants to appoint an enduring guardian for personal, lifestyle and treatment decisions if they lose capacity. Financial decisions use an enduring power of attorney.
Used for these tasks
- Draft an enduring personal/health decision-making appointment
- Build the execution and witnessing plan for an enduring instrument before signing
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may help prepare the form from the client's confirmed instructions and plan execution; the lawyer takes instructions from the client alone, checks both parties' capacity, every entry and execution.
AI may
- Transfer confirmed instructions (guardians, decisions covered, limits) into a checking sheet for the lawyer
- Check the completed form against the instructions and list every difference
- Flag when a readover or marksman clause is needed
AI must not
- Must not take instructions from anyone other than the appointor
- Must not assess capacity
- Must not choose the guardian or the limits on their authority
The lawyer checks
- Appointor and enduring guardian both 18 or over with full legal capacity at signing; a doctor's capacity assessment obtained if there is doubt
- Decisions covered (where the person lives, services, treatment, information) and any limits match the instructions
- Readover or marksman clause included if the appointor cannot read, write, sign or speak English
- Execution follows the current kit; the client knows it does not need to be registered
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Official form
Open the official form. Always use the current version from the issuer. Licence: © Government of Western Australia. Link only: use the current form and kit each time; do not copy or adapt them..
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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