---
title: "Enduring power of guardianship (Western Australia): the OPA kit, what the guardian can decide, capacity and no registration"
url: "https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/form-wa-enduring-power-of-guardianship"
type: "precedent"
site: "AI Law Framework"
id: "a18-form-wa-enduring-power-of-guardianship"
area_id: "A18"
kind: "form"
ai_level: "yellow"
version: 1
task_ids: ["A18-T1-R2", "A18-X20260927-1"]
law_stated_as_at: "2026-10-18"
---

# 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,…

Canonical page: https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/form-wa-enduring-power-of-guardianship  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

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.

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Elder Law & Powers of Attorney / Guardianship](https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship.md)
- Jurisdictions: Western Australia
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the official form at wa.gov.au and the 2 authorities it cites, for Western Australia.

## 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](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/draft-an-enduring-personal-health-decision-making-appointment.md)
- [Build the execution and witnessing plan for an enduring instrument before signing](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship.md#A18-X20260927-1)

## 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

## Authorities

- [Office of the Public Advocate (WA), Enduring Power of Guardianship](https://www.wa.gov.au/organisation/department-of-justice/office-of-the-public-advocate/enduring-power-of-guardianship)
- [Office of the Public Advocate (WA), Enduring Power of Guardianship Kit](https://www.wa.gov.au/media/29559/download?inline)

## Official form

[Official form](https://www.wa.gov.au/organisation/department-of-justice/office-of-the-public-advocate/enduring-power-of-guardianship)

## 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.

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/form-wa-enduring-power-of-guardianship and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*