Can a person living overseas make an Enduring Power of Attorney (financial) for use in Victoria? Who can witness the document?
A person living overseas can make an Enduring Power of Attorney (financial) (EPA – financial) so long as that person (the donor) has financial or legal matters in Victoria and is competent. When making an EPA – financial overseas it is important to ensure that the people who are witnessing it can be found in the future so that, if required, they can give evidence that it was actually signed by the donor of the power. Under the Evidence Act it is required that it be witnessed by: • an Australian consular officer acting in that country; or • an ambassador, envoy, Minister, chargé d’affaires, secretary of embassy or legation, consul-general, consul, vice-consul, acting consul, pro-consul, or consular agent of any part of Her Majesty’s dominions who is acting in that role in that country, or • any person who has the power in that country to take an oath in that country; or • a public notary (or notary public as known is some countries).
