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WA How to Challenge an EPOA?

Discussion in 'Wills and Estate Planning Law Forum' started by Melrose, 21 February 2016.

  1. Melrose

    Melrose Active Member

    27 October 2015
    Likes Received:
    How do I go about challenging an EPOA (enduring power of attorney)?

    I think my sister has been spending my mother's money needlessly...
  2. Sophea

    Sophea Guest

    Hi there,

    In order to challenge an EPA, you will need to bring an application before the State Administrative Tribunal to decide if the enduring power of attorney should be revoked and another attorney appointed in place.

    The court can make orders suspending an appointed attorney and order that the incapacitated person's affairs be placed under a formal management order, if it is in the best interests of the incapacitated person. "Best interests" are determined having regard to the welfare, health and well-being of the person in a wider sense than is suggested by protection from neglect, abuse or exploitation.

    The Office of the Public Advocate in WA may be able to assist you. Advocacy and investigation
  3. AdValorem

    AdValorem Well-Known Member

    20 August 2015
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    Hi Melrose

    Under the Guardianship and Administration Act 1990 (WA) your sister, as your mother's enduring attorney, has certain obligations. Under the same Act you can apply to the State Administrative Tribunal (SAT) to intervene. See section 109 of the Act about the type of orders that you may seek from SAT.

    Always seek legal advice before undertaking any action that might affect your legal rights.

    Kind regards
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