Can Someone Take Over Your Enduring Power of Attorney?
An Enduring Power of Attorney (EPA) is a crucial legal document that allows you to appoint a trusted individual to manage your financial and legal affairs if you lose capacity. But what happens if someone attempts to take over your EPA without your consent? Understanding your rights and the legal safeguards in place is essential to protect your interests.
Can Someone Override an Enduring Power of Attorney?
Once properly executed, an EPA remains legally binding unless revoked by you (while you still have capacity) or invalidated by the State Administrative Tribunal. However, there are circumstances where an EPA may be challenged or overridden:
Revocation by the Principal – If you still have mental capacity, you can revoke your EPA at any time and appoint a new attorney.
Suspicion of Misuse – If your attorney is suspected of financial abuse or failing to act in your best interests, an interested party can apply to the State Administrative Tribunal (SAT) in Western Australia to review or revoke the appointment.
Appointment of a Guardian or Administrator – In cases where an attorney is acting improperly, SAT or the Supreme Court may step in and appoint a guardian or administrator to take over decision-making responsibilities.
Legal Challenges from Family Members – If family members believe the EPA was granted under undue influence or fraud, they can contest its validity through legal proceedings.
Preventing Abuse of an EPA
To ensure your EPA is not misused or taken over unlawfully, consider these safeguards:
Appoint a Trusted Attorney – Choose someone with a strong sense of responsibility and integrity.
Set Clear Conditions – You can specify when the EPA comes into effect and outline limitations on your attorney’s powers.
Regular Reviews – Keep your estate planning documents up to date and review your attorney’s actions if you still have capacity.
Seek Legal Advice – A qualified estate lawyer can help draft a robust EPA that minimises risks and incorporates protective measures.
What to Do If You Suspect Misuse
If you or a loved one suspect that an EPA is being misused, it is vital to act swiftly. You can:
Request a review by the State Administrative Tribunal.
Seek advice from an experienced estate lawyer.
Consider applying for the appointment of an independent administrator if necessary.
For a deeper understanding of why an EPA is essential, read our guide: Why Do You Need an Enduring Power of Attorney?
Enduring Power of Attorney vs. Guardianship
A common misconception is that an EPA grants the same authority as guardianship. However, they serve different purposes. An EPA applies to financial and legal matters, while an Enduring Power of Guardianship covers personal and health decisions. Learn more in our comparison: Enduring Power of Attorney vs. Enduring Power of Guardianship: Key Differences.
How Bechelet & Co Can Assist
At Bechelet & Co, we are committed to helping you secure your estate planning with confidence. Based in Perth, we specialise in Estate Litigation, Wills, Estate Planning, Probate, and Deceased Estates. If you need advice on setting up or reviewing an Enduring Power of Attorney, we provide strategic guidance to protect your best interests.
For specialised legal support, visit our dedicated page: Enduring Power of Attorney Perth.
