Preparing For Death/Legal Considerations

Documenting and making available your end of life wishes is useful, both for the peace of mind it will afford you, and to reduce the burden of making difficult decisions on your family and friends in what are likely to be emotional and stressful times.

Will

This is a legal document in which you specify the disposition of your property and possessions. Below are a couple of links with more information.

https://www.wa.gov.au/service/justice/civil-law/make-will-public-trustee

https://www.legalaid.wa.gov.au/find-legal-answers/managing-your-affairs/wills-and-estates/wills

Advance Health Directive

This is a document to outline your preferences for medical treatment(s) under specific health conditions.

More information is available from

https://healthywa.wa.gov.au/Articles/A_E/Advance-Health-Directives

Government of Western Australia Department of Health
PO Box 8172
Perth Business Centre, Perth WA 6849

Telephone: (08) 9222 2300

Email: acp@health.gov.wa.au

Enduring Power of Guardianship

This is a legal document to designate who can make medical decisions for you when you are incapable of making them yourself.

An overview of Enduring Powers of Guardianship is available here:

https://www.wa.gov.au/organisation/department-of-justice/office-of-the-public-advocate/enduring-power-of-guardianship

A downloadable information kit that includes an acceptable form to fill out is available at this link:

https://www.wa.gov.au/system/files/2022-03/opa-epg-kit.pdf

Government of Western Australia Department of Justice
Office of the Public Advocate
PO Box 6293
East Perth WA 6892

Advisory Services Telephone: 1300 858 455
Monday-Friday from 9.00 am to 4.30 pm.

Email: opa@justice.wa.gov.au

Enduring Power of Attorney

This is a legal document that designates who can manage your financial affairs in the event that you are incapable.

An overview of Enduring Powers of Attorney is available here:

https://www.wa.gov.au/service/justice/civil-law/enduring-power-of-attorney

A downloadable information kit that includes an acceptable form to fill out is available at this link:

https://www.wa.gov.au/system/files/2021-11/epa_kit.pdf

Government of Western Australia Department of Justice
Office of the Public Advocate
PO Box 6293
East Perth WA 6892

Advisory Services Telephone: 1300 858 455
Monday-Friday from 9.00 am to 4.30 pm.

Email: opa@justice.wa.gov.au

Voluntary Assisted Dying

This became available in Western Australia beginning in July of 2021. Voluntary Assisted Dying (VAD) allows someone, under very specific and limited circumstances, to legally choose the time and manner of their death. Among other requirements, they must be facing a life-threatening illness and be legally able to voluntarily make this choice.

More information is available at the link below; check under the section at the bottom labelled “Voluntary Assisted Dying in Western Australia”:

https://www.health.wa.gov.au/voluntaryassisteddying

Also, the button on that page for “Information for the community” leads to a page with a lot more information in the section labelled “Voluntary assisted dying.”

A high-level flow chart to help understand the VAD process is available here:

https://www.health.wa.gov.au/~/media/Corp/Documents/Health-for/Voluntary-assisted-dying/Voluntary-Assisted-Dying-Act-2019-process-summary.pdf

Organ Donation

You can elect to donate any usable organs or tissues at death. For more information see:

https://www.donatelife.gov.au/about-donation

Whole Body Donation

The University of Western Australia accepts whole body donations for the purposes of teaching anatomy, scientific research and specialist training. There are certain conditions which the deceased body must meet, and outside of 100km of the Perth CBD, the deceased’s estate will need to pay for half of the transport cost to Perth. For more information see:

https://www.uwa.edu.au/schools/human-sciences/body-donation-program