This Enduring Power of Attorney is made on the ................... day of ............................. 20..........., by A.B. of ........................ under section 104 of the Guardianship and Administration Act 1990.
1. I APPOINT C.D. of .............................................................. (or C.D. of ......................... and E.F. of ............................ jointly) (or C.D. of ........................ and E.F. of ............................ jointly and severally) to be my attorney(s).
1a. I APPOINT G.H. of ................................................................<br> (or G.H. of ............................... and I.J. of ........................ jointly)<br> (or G.H. of ............................... and I.J. of ........................ jointly<br> and severally) to be my attorney(s) in substitution of C.D. (or C.D.<br> and/or E.F.) on (or during) the occurrence of the following events<br> or circumstances —<br>........................................................................................................<br>........................................................................................................<br>2. I AUTHORISE my attorney(s) to do on my behalf anything that I can lawfully do by an attorney.
3. The authority of my attorney(s) is subject to the following conditions or restrictions —
* One of<br> these<br> paragraphs<br> must be<br> deleted.
(a) will continue in force notwithstanding my subsequent legal incapacity; or<br>(b) will be in force only during any period when a declaration by the State Administrative Tribunal that I do not have legal capacity is in force under section 106 of the Guardianship and Administration Act 1990.
SIGNED AS A DEED by: .............................................................
WITNESSED by:
........................................... ...........................................<br>(Signature of Witness) (Signature of Witness)
........................................... ...........................................<br>(Name of Witness) (Name of Witness)
........................................... ...........................................<br>(Address of Witness) (Address of Witness)
[Form 1 amended: No. 70 of 2000 s. 20(1); No. 55 of 2004 s. 465.]
Form 2
ACCEPTANCE OF ENDURING POWER OF ATTORNEY
I/We .............................., the person(s) appointed to be attorney under paragraph 1 or 1a of the instrument on which this acceptance is endorsed [or to which this acceptance is annexed] accept the appointment, and acknowledge —
(a) that the power of attorney is an enduring power of attorney and* —
One of these sub‑paragraphs must be deleted (i) will continue in force notwithstanding the subsequent legal incapacity of the donor; (ii) will be in force only during any period when a declaration by the State Administrative Tribunal that the donor does not have legal capacity is in force under section 106 of the Guardianship and Administration Act 1990; and
(b) that I/we will, by accepting this power of attorney, be subject to the provisions of Part 9 of the Guardianship and Administration Act 1990.
Signed:......................................................................(Attorney appointed under paragraph 1 of the Enduring Power of Attorney)or......................................................................(Attorney appointed under paragraph 1a of the Enduring Power of Attorney)
[Form 2 amended: No. 70 of 2000 s. 20(2); No. 55 of 2004 s. 465.]
[Schedule 4 omitted under the Reprints Act 1984 s. 7(4)(e).]
Schedule 5 — Transitional provisions
[s. 124]
[Heading amended: No. 19 of 2010 s. 18(7).]
Division 1 — Transitional matters for Guardianship and Administration Act 1990
[Heading inserted: No. 25 of 2014 s. 22.]
1A. Application of this Division
This Division does not apply in relation to the estate of a person to whom Division 2 applies.
[Clause 1A inserted: No. 25 of 2014 s. 23.]
Existing functions of Public Trustee to continue
(1) Where immediately before the commencement of section 123 the Public Trustee had the care and management of the estate of an incapable patient under section 24 of the Public Trustee Act 1941 or of an infirm person under section 36C of that Act, he shall, subject to this clause, continue to have those functions under that section and other functions conferred on him in that capacity by any other written law, and the Public Trustee Act 1941 and such other written law shall continue to apply for that purpose, as if section 123 had not come into operation.
(2) Subclause (1) also applies, with all necessary changes, where the Public Trustee derives his authority from section 34 of the Public Trustee Act 1941.
(3) The Public Trustee shall cease to have the functions under section 24 referred to in subclause (1) when he is notified —
(a) that the incapable patient has died;
(b) under subclause (5), that the incapable patient —
(i) is capable of managing his affairs; or
(ii) is no longer an involuntary patient under the Mental Health Act 1996 or, in the case of a voluntary patient, has left the hospital;
or
(c) that an administration order has been made under Part 6 in respect of the incapable patient.
(4) The Public Trustee shall cease to have the functions under section 36C referred to in subclause (1) when he is notified —
(a) that the infirm person has died; or
(b) that an administration order has been made under Part 6 in respect of the infirm person,
or when he certifies under the Public Trustee Act 1941 that a person is not, or has ceased to be, an infirm person.
(5) Where the functions of the Public Trustee under section 24 of the Public Trustee Act 1941 are continued under subclause (1) in respect of an incapable patient, the officer in charge of the authorised hospital in which the person is a patient under the Mental Health Act 1996 shall notify the Public Trustee in the prescribed form if the patient —
(a) dies;
(b) in the opinion of a psychiatrist at the hospital becomes capable of managing his affairs; or
(c) is no longer an involuntary patient under the Mental Health Act 1996 or, in the case of a voluntary patient, leaves the hospital.
(6) The officer in charge of an authorised hospital, when notifying the Public Trustee under subclause (5) that a person is no longer an involuntary patient or has left the hospital, shall also report to the Public Trustee whether or not, in the opinion of a psychiatrist at the hospital, the person is capable of managing his affairs.
(7) If the officer in charge reports to the Public Trustee under subclause (6) that the person is not capable of managing his affairs, the Public Trustee shall continue to have the care and management of the estate of that person by virtue of subclause (1) as if immediately before the commencement of this Act the person had been an infirm person under section 36C of the Public Trustee Act 1941.
[Clause 1 amended: No. 69 of 1996 s. 37.]
Existing managers under Mental Health Act 1962 to continue
(1) Where immediately before the commencement of section 123, a manager of the estate of an incapable person is in office under Part VI of the Mental Health Act 1962 7, he shall, subject to this clause, continue to have that function and other functions conferred on him in that capacity by any other written law, and Part VI of that Act and such other written law shall continue to apply for that purpose, as if section 123 had not come into operation.
(2) Subclause (1) also applies, with all necessary changes, where the Public Trustee is the manager of the estate of a person under section 25 of the Public Trustee Act 1941.
(3) A manager referred to in this clause shall cease to hold office as manager of the estate of a person when he is notified —
(a) that the person has died;
(b) that the Supreme Court has made an order under section 66 of the Mental Health Act 1962 7 or the appointment has been revoked under section 25(2) of the Public Trustee Act 1941; or
(c) that an administration order has been made under Part 6 in respect of the person.
Application for administration order may be made
(1) A person may at any time apply to the State Administrative Tribunal under Part 4 for an administration order in respect of a person notwithstanding that —
(a) the Public Trustee has the care and management of the estate of that person; or
(b) a manager of the estate of that person is in office under Part IV of the Mental Health Act 1962 7,
as provided in clause 1 or 2 or by operation of clause 5.
(2) Where an application is made for an administration order and a manager is in office as mentioned in subclause (1)(b), notice under section 41 shall be given to the Principal Registrar of the Supreme Court and to the manager.
[Clause 3 amended: No. 55 of 2004 s. 466(1).]
References in other laws
(1) In any written law and in any deed or other instrument, unless clause 1 or 2 applies or the context is such that it would be incorrect or inappropriate, a reference to —
(a) an incapable person within the meaning in section 5 of the Mental Health Act 1962 7 shall be read as a reference to a person in respect of whom an administration order is in force under Part 6;
(b) a manager within the meaning in that section shall be read as a reference to an administrator under this Act.
(2) In any written law other than this Act, unless the context is such that it would be incorrect or inappropriate, a reference to a represented person shall include a person who, after the commencement of this Act, is an incapable person, an incapable patient or infirm person in the circumstances provided for in clause 1 or 2.
Proceedings in progress under Mental Health Act 1962 Pt. VI
If —
(a) an application under section 64(1) of the Mental Health Act 1962 7 has been made but not disposed of before the commencement of section 123; or
(b) any matter or thing has been commenced under section 64(6) or (7) of that Act but not completed to the satisfaction of the court before the commencement of section 123,
the application, matter or thing may be completed under Part VI of the Mental Health Act 1962 7 after the commencement of section 123 as if that section had not come into operation.
Final accounts where administration order made
Where an administration order is made as mentioned in clause 2(3)(c), the accounts of the manager shall be taken in accordance with rules of court having application for the purposes of clause 2(1) as if the manager had been discharged on the day on which the administration order is made.
Division 2 — Transitional matters in connection with Mental Health Act 2014
[Heading inserted: No. 25 of 2014 s. 24.]
Estates being managed by Public Trustee under Division 1
(1) Subclause (2) applies to a person whose estate was, immediately before the day on which the Mental Health Legislation Amendment Act 2014 section 24 commences (the prescribed day) —
(a) under the care and management of the Public Trustee as provided by clause 1; or
(b) being managed by the Public Trustee as provided by clause 2 or because of clause 5.
(2) The person is taken to be under an administration order appointing the Public Trustee as the administrator of the person’s estate.
(3) Despite any other provision of this Act or any provision of the Public Trustee Act 1941, the Public Trustee has the same functions, duties and powers in relation to the person’s estate that the Public Trustee had immediately before the prescribed day.
(4) An administration order referred to in subclause (2) must be reviewed under section 84 on or within 3 years after the prescribed day.
(5) The Public Trustee must, on or as soon as practicable after the prescribed day, give to the Public Advocate and the State Administrative Tribunal a list of the persons to whom subclause (2) applies.
[Clause 7 inserted: No. 25 of 2014 s. 24.]
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Notes
This is a compilation of the Guardianship and Administration Act 1990 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.
Compilation table
Short title
Number and year
Assent
Commencement
Guardianship and Administration Act 1990
24 of 1990
7 Sep 1990
s. 1 and 2: 7 Sep 1990; Act other than s. 1 and 2, Pt. 4‑7, s. 123, 124 and Sch. 2, 4 and 5: 1 Jul 1992 (see s. 2 and Gazette 26 Jun 1992 p. 2649); Pt. 4‑7, s. 123, 124 and Sch. 2, 4 and 5: 20 Oct 1992 (see s. 2 and Gazette 2 Oct 1992 p. 4811)
Guardianship and Administration Amendment Act 1992
16 of 1992
17 Jun 1992
17 Jun 1992 (see s. 2)
Acts Amendment (Public Sector Management) Act 1994 s. 3(2)
32 of 1994
29 Jun 1994
1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)
Guardianship and Administration Amendment Act 1996
7 of 1996
24 May 1996
s. 1 and 2: 24 May 1996; Act other than s. 1 and 2: 1 Jul 1996 (see s. 2 and Gazette 28 Jun 1996 p. 3014)
Mental Health (Consequential Provisions) Act 1996 Pt. 8
69 of 1996
13 Nov 1996
13 Nov 1997 (see s. 2)
Reprint of the Guardianship and Administration Act 1990 as at 21 Apr 1997 (includes amendments listed above except those in the Mental Health (Consequential Provisions) Act 1996)
Acts Amendment and Repeal (Family Court) Act 1997 s. 32
41 of 1997
9 Dec 1997
26 Sep 1998 (see s. 2 and Gazette 25 Sep 1998 p. 5295)
Statutes (Repeals and Minor Amendments) Act 1997 s. 67
57 of 1997
15 Dec 1997
15 Dec 1997 (see s. 2(1))
Guardianship and Administration Amendment Act 1998
8 of 1998
30 Apr 1998
30 Apr 1998 (see s. 2)
Guardianship and Administration Amendment Act 2000 8
70 of 2000
4 Dec 2000
4 Dec 2000 (see s. 2)
Acts Amendment (Lesbian and Gay Law Reform) Act 2002 Pt. 10
3 of 2002
17 Apr 2002
21 Sep 2002 (see s. 2 and Gazette 20 Sep 2002 p. 4693)
Reprint of the Guardianship and Administration Act 1990 as at 22 Nov 2002 (includes amendments listed above)
Sentencing Legislation Amendment and Repeal Act 2003 s. 70
50 of 2003
9 Jul 2003
15May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445)
Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 40
65 of 2003
4 Dec 2003
1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5722)
Criminal Code Amendment Act 2004 s. 58
4 of 2004
23 Apr 2004
21 May 2004 (see s. 2)
Children and Community Services Act 2004 Sch. 2 cl. 11
34 of 2004
20 Oct 2004
1 Mar 2006 (see s. 2 and Gazette 14 Feb 2006 p. 695)
Acts Amendment (Court of Appeal) Act 2004 s. 37 (Sch. 1 cl. 7) 9
45 of 2004 (as amended by No. 2 of 2008 s. 75(3))
9 Nov 2004
Sch. 1 cl. 7 (the amendments to s. 18(1) and 19(b)): 1 Feb 2005 (see s. 2 and Gazette 14 Jan 2005 p. 163)
Courts Legislation Amendment and Repeal Act 2004 s. 141
59 of 2004
23 Nov 2004
1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 2 Div. 56 Subdiv. 1 10, 11
55 of 2004
24 Nov 2004
24 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130)
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 82
84 of 2004
16 Dec 2004
2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))
Reprint 3: The Guardianship and Administration Act 1990 as at 1 Apr 2005 (includes amendments listed above except those in the Children and Community Services Act 2004, the Courts Legislation Amendment and Repeal Act 2004 and the Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004)
Family Legislation Amendment Act 2006 Pt. 6 Div. 2
35 of 2006
4 Jul 2006
15 Jul 2006 (see s. 2 and Gazette 14 Jul 2006 p. 2559)
Criminal Investigation (Consequential Provisions) Act 2006 s. 73
59 of 2006
16 Nov 2006
1 Jul 2007 (see s. 2 and Gazette 22 Jun 2007 p. 2838)
Wills Amendment Act 2007 s. 25
27 of 2007
26 Oct 2007
9 Feb 2008 (see s. 2 and Gazette 8 Feb 2008 p. 313)
Acts Amendment (Justice) Act 2008 Pt. 12
5 of 2008
31 Mar 2008
30 Sep 2008 (see s. 2(d) and Gazette 11 Jul 2008 p. 3253)
Legal Profession Act 2008 s. 667
21 of 2008
27 May 2008
1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511)
Medical Practitioners Act 2008 Sch. 3 cl. 22
22 of 2008
27 May 2008
1 Dec 2008 (see s. 2 and Gazette 25 Nov 2008 p. 4989)
Acts Amendment (Consent to Medical Treatment) Act 2008 Pt. 2 12
25 of 2008
19 Jun 2008
Pt. 2 other than s. 11 (to the extent that it inserts s. 110RA, 110ZAA, 110ZAB and 110ZAC) and s. 12: 15 Feb 2010 (see s. 2 and Gazette 8 Jan 2010 p. 9)
Surrogacy Act 2008 Pt. 4 Div. 4
47 of 2008
10 Dec 2008
1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 512)
Reprint 4: The Guardianship and Administration Act 1990 as at 6 Feb 2009 (includes amendments listed above except those in the Legal Profession Act 2008, the Surrogacy Act 2008 and the Acts Amendment (Consent to Medical Treatment) Act 2008)
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 68
8 of 2009
21 May 2009
22 May 2009 (see s. 2(b))
Acts Amendment (Bankruptcy) Act 2009 s. 38
18 of 2009
16 Sep 2009
17 Sep 2009 (see s. 2(b))
Reprint 5: The Guardianship and Administration Act 1990 as at 5 Mar 2010 (includes amendments listed above)
Standardisation of Formatting Act 2010 s. 18 and 51
19 of 2010
28 Jun 2010
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)
Public Sector Reform Act 2010 s. 89
39 of 2010
1 Oct 2010
1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563)
Statutes (Repeals and Minor Amendments) Act 2014 s. 12 and 22
17 of 2014
2 Jul 2014
6 Sep 2014 (see s. 2(b) and Gazette 5 Sep 2014 p. 3213)
Mental Health Legislation Amendment Act 2014 Pt. 4 Div. 2
25 of 2014
3 Nov 2014
30 Nov 2015 (see s. 2(b) and Gazette 13 Nov 2015 p. 4632)
Voluntary Assisted Dying Act 2019 Pt. 12 Div. 3
27 of 2019
19 Dec 2019
1 Jul 2021 (see s. 2(b) and SL 2021/83 cl. 2)
Guardianship and Administration Amendment (Medical Research) Act 2020 13
14 of 2020 (as amended by No. 32 of 2023 Pt. 3)
6 Apr 2020
s. 1 and 2: 6 Apr 2020 (see s. 2(a)); Act other than s. 1, 2, 13 and 15: 7 Apr 2020 (see s. 2(c))
Legal Profession Uniform Law Application Act 2022 s. 424
9 of 2022
14 Apr 2022
1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2)
Criminal Law (Mental Impairment) Act 2023 Pt. 15 Div. 16
10 of 2023
13 Apr 2023
1 Sep 2024 (see s. 2(b) and SL 2024/175 cl. 2)
Abortion Legislation Reform Act 2023 Pt. 4 Div. 5
20 of 2023
27 Sep 2023
27 Mar 2024 (see s. 2(b) and SL 2024/21 cl. 2)
Guardianship and Administration Amendment (Medical Research) Act 2023 Pt. 2
32 of 2023
11 Dec 2023
12 Dec 2023 (see s. 2(b))
Births, Deaths and Marriages Registration Amendment (Sex or Gender Changes) Act 2024 Pt. 4 Div. 9
31 of 2024
26 Sep 2024
30 May 2025 (see s. 2(b) and SL 2025/80 cl. 2)
Uncommenced provisions table
To view the text of the uncommenced provisions see Acts as passed on the WA legislation website.
Short title
Number and year
Assent
Commencement
Acts Amendment (Consent to Medical Treatment) Act 2008 Pt. 2
25 of 2008
19 Jun 2008
s. 11 (to the extent that it inserts s. 110RA, 110ZAA, 110ZAB and 110ZAC) and s. 12: to be proclaimed (see s. 2)
Assisted Reproductive Technology and Surrogacy Act 2025 Pt. 17 Div. 10