Wills & estates
Wills, EPA and EPG: How Do They Work Together in Western Australia?
A will, Enduring Power of Attorney and Enduring Power of Guardianship perform different jobs. A will operates after death and directs the administration of estate assets. An EPA authorises financial and property decisions during life. An EPG authorises personal, lifestyle and treatment decisions if the appointor cannot make reasonable decisions for themselves. Together, they address different stages and types of decision-making.
Key points
- A will does not authorise someone to manage your affairs while you are alive.
- An EPA deals with property and financial matters—not personal or treatment decisions.
- An EPG deals with personal, lifestyle and treatment matters within the authority granted—not financial management.
- EPA and EPG appointments end when the appointor dies.
- The executor’s authority arises in relation to the deceased estate, not under the EPA or EPG.
- The documents should be coordinated with property ownership, superannuation, trusts and business arrangements.
What does a will do?
A will records how a person wants estate assets administered after death. It commonly appoints an executor, identifies beneficiaries and may include trusts or other directions suitable to the estate and family circumstances.
The executor identifies and protects estate assets, addresses liabilities and tax, applies for probate where required, and distributes the estate in accordance with the will and applicable law.
A will does not necessarily control every asset connected with the person. Jointly owned property may pass through survivorship. Superannuation, trust assets and company property may be governed by separate legal arrangements. Those structures should be reviewed alongside the will.
What does an Enduring Power of Attorney do?
An Enduring Power of Attorney—commonly called an EPA—allows an adult with full legal capacity to appoint another person or eligible organisation to make property and financial decisions on their behalf.
Depending on the document, the attorney’s authority may begin immediately or only after the State Administrative Tribunal determines that the appointor has lost legal capacity. An immediate EPA does not prevent the appointor from continuing to make their own decisions while they retain capacity.
An attorney may potentially deal with matters such as banking, bills, contracts, investments and property, subject to the document and law. Because the authority can be extensive, the appointor should choose someone trustworthy, capable and available.
What does an Enduring Power of Guardianship do?
An Enduring Power of Guardianship—commonly called an EPG—allows an adult with full legal capacity to appoint an enduring guardian to make personal, lifestyle and treatment decisions if the appointor becomes unable to make reasonable judgments about those matters.
The EPG determines the scope of authority. Depending on its terms, decisions may concern where the appointor lives, support services, personal associations and medical, surgical or dental treatment. The appointor can grant broad authority or limit it to selected matters.
An enduring guardian does not obtain financial authority merely because they manage personal or treatment decisions. Financial authority requires an EPA or another lawful appointment.
When does each document operate?
| Document | Main purpose | When it operates | When it ends |
|---|---|---|---|
| Will | Estate administration and distribution | After death | After the estate is fully administered, subject to its continuing trusts |
| EPA | Property and financial decisions | Immediately or after the specified capacity trigger | Death, valid revocation or another legal termination event |
| EPG | Personal, lifestyle and treatment decisions | When the appointor cannot make reasonable judgments about an authorised matter | Death, valid revocation or another legal termination event |
The exact commencement and termination position must be checked against the signed document and current law.
Can the same person hold all three roles?
It may be possible to appoint the same trusted person as executor, attorney and enduring guardian, but each appointment is legally separate. The best choice may differ by role.
For example:
- a financially experienced person may be suitable as attorney;
- someone who understands the appointor’s values and care preferences may be suitable as enduring guardian; and
- an organised person able to manage beneficiaries and estate administration may be suitable as executor.
Consider availability, location, age, family dynamics, conflicts of interest and whether joint appointees can work together.
What happens if there is no EPA or EPG?
If a person loses capacity without an effective EPA or EPG, informal arrangements may sometimes be sufficient for limited matters. Otherwise, an interested person may need to apply to the State Administrative Tribunal for an administrator or guardian to be appointed.
An EPA or EPG cannot simply be created by a relative after the person has lost the legal capacity required to make it.
How do these documents interact after death?
Both EPA and EPG authority end when the appointor dies. From that point:
- the enduring attorney cannot continue acting under the EPA;
- the enduring guardian cannot continue acting under the EPG; and
- the executor or administrator deals with estate matters under the will, grant and applicable law.
If the same person holds multiple roles, they must understand which legal role they are using at each stage.
What else should be reviewed with the three documents?
An effective estate plan may also require consideration of:
- joint tenants or tenants in common;
- superannuation death-benefit nominations;
- life insurance;
- trusts and companies;
- business succession;
- family loans and guarantees;
- advance health planning; and
- assets in other states or countries.
Read our related guide: Joint tenants or tenants in common in WA.
When should the documents be reviewed?
Review them after marriage, separation, divorce, a new child, property or business changes, the death or incapacity of an appointee, major health changes or a move between jurisdictions. Periodic review is also sensible even when nothing obvious has changed.
The WA Office of the Public Advocate notes that separation or divorce does not automatically end an EPA. A person who no longer wants a former partner to act may need to revoke the appointment while they retain full legal capacity and arrange a replacement.
Information to prepare for an estate-planning consultation
- Existing will, EPA, EPG and advance health documents
- Full legal names of proposed executor, attorney, guardian and substitutes
- Family and beneficiary details
- Assets, liabilities and ownership structure
- Superannuation, insurance, trust and company information
- Business and family-loan arrangements
- Overseas assets or connections
- Any capacity, vulnerability or family-conflict concerns
Arrange a coordinated estate-plan review
Legal Care Australia can help prepare or review wills, Enduring Powers of Attorney and Enduring Powers of Guardianship as a coordinated estate plan. Book an estate-planning consultation in English or Vietnamese.
Sources checked
- WA Government — Make a Will
- WA Government — Enduring Power of Attorney
- WA Office of the Public Advocate — Enduring Power of Guardianship
- Wills Act 1970 (WA)
- Guardianship and Administration Act 1990 (WA)
First drafted: 21 July 2026. This article provides general information only and is not legal advice. The operation of an estate-planning document depends on its terms, execution and current law.