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

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.

Authorities

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

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