Understanding the Legal Process to Cancel an Enduring Power of Guardianship

Making plans for the future involves the appointment of someone you trust to make decisions on your behalf when you are unable to make your own decisions. However, this may change for various reasons. Relationships may come to an end; trust might fade away, and there may arise someone who would be able to do a much better job.
Knowing the ways of legally revoking your EPG is crucial, according to the Perth Enduring Power of Guardianship Law.

What Is an Enduring Power of Guardianship?

This is a legal instrument that allows you to appoint people you trust in order to make decisions regarding your personal, treatment, and lifestyle choices in case you lack legal capacity. This power cannot cover financial decisions that need to be made through an Enduring Power of Attorney. In order to create an EPG in WA, you have to be at least 18 years old and mentally capable.

According to the data from the Australian Institute of Health and Welfare, about 15% of Australians are aged 65 years and above.

Why Would a Person Revoke an EPG?

There are quite a few legitimate reasons why one may want to cancel an Enduring Power of Guardianship. These include:

• Your relationship with the appointee has undergone a change.
• The guardian is no longer able to do so or is no longer willing to perform their duties.
• You have chosen a better candidate for guardianship.
• The dynamics within your family have been altered because of divorce, separation, or relocation.
• You want to update your legal papers in accordance with your current desires.

Revoking an outdated EPG can help avoid misunderstandings that might arise in the future.

Is It Possible to Cancel an EPG?

However, only if you are still legally capable of doing so. According to the law of Western Australia, an appointer is entitled to revoke an EPG prior to loss of capacity to make decisions. The document cannot be personally revoked once the capacity is lost. In complicated legal situations concerning incapacity, applying for a court-ordered will can also be considered.

The Legal Process for Revoking an EPG

Despite the fact that the law does not prescribe one mandatory procedure, the Wills Lawyers Perth WA suggest that there are some practical steps that need to be followed.

1. Confirm You Have Legal Capacity

Before the cancellation of the document, it is necessary to have a clear understanding:

• About the meaning of the EPG;
• About the consequences of its cancellation.
• About who will be making decisions in case there is no other document replacing it;

In case of doubts about the capacity of a person, medical documentation might be required.

2. Revoke the EPG in Writing

Though the law does not necessarily require written revocation of an EPG, it is highly recommended. The written notification must clearly indicate:

• A wish to cancel an existing EPG;
• Your full name;
• The date of revocation;
• Your signature.

3. Notify Everyone Involved

After the revocation of the document, you must notify:

• The appointed guardian;
• The substitute guardian;
• Your general practitioner;
• Health care professionals;
• Your relatives who knew about your appointment.

You should also request the return of any copies of the revoked EPG so they can be destroyed.

4. Prepare a New EPG (If Needed)

In case there is a need to nominate a different guardian, an Enduring Power of Guardianship should be drawn up right after cancelling the previous one. It is wise to attach the revocation process in order to clarify the process. In addition, check your power of attorney Perth document.

What Happens If You Have Already Lost Capacity?

The situation will be completely different when you have already lost your legal capacity. It will not be possible for you to invalidate your EPG once you are no longer able to do so. In case of any doubts regarding the behaviour of the enduring guardian, you will have to approach the State Administrative Tribunal (SAT). The State Administrative Tribunal can:

• Revoke the EPG.
• Discharge some or all of the appointed guardians.
• Alter the terms of the appointment in some cases.
• Name someone else as the decision maker wherever necessary.

Such powers have been provided to guard people against potential problems that could arise from the misbehaviour of the enduring guardian.

Conclusion

The termination of an Enduring Power of Guardianship is a major event and one that needs to be handled properly and on time. Undertaking the correct procedure as prescribed by the Perth Enduring Power of Attorney Act protects your future and reduces conflicts. This will ensure that you appoint a decision maker who represents you correctly.