Who can Witness a Power of Attorney?
An ordinary power of attorney generally requires a witness. An enduring power of attorney requires the signature of one witness who is not the donee or a near relative. It is recommended that the donee place a specimen signature on the document as well, although he or she cannot sign as a witness. A person who cannot sign a power of attorney due to a disability or illiteracy can ask another adult, who cannot be a witness, to sign of their behalf. This is called a power of attorney by direction. In such cases, two witnesses, neither of whom can be the donee, are required.
Recent changes to the Power of Attorney legislation have resulted in new, more specific requirements for witnesses of an Enduring Power of Attorney. At the end of all Enduring Power of Attorney forms there is a prescribed witness certificate. This certificate can only be completed by: • Solicitor or barrister • Registrar of a NSW Local Court • A licensed conveyancer who has completed an approved course under the Powers of Attorney Act, or • An employee of Public Trustee NSW or a Private Trustee company who has completed an approved course under the Powers of Attorney Act. The certificate states that the witness: • explained the effect of the Power of Attorney directly to you beforeit was signed; • was satisfied that you appeared to understand the effect of the Power of Attorney. If the Witness has any doubts about your ability to understand what you are signing, they are required to take reasonable steps to confirm your mental capacity. The witness who signs the certificate cannot be t
Recent changes to the Power of Attorney legislation have resulted in new, more specific requirements for witnesses of an Enduring Power of Attorney. At the end of all Enduring Power of Attorney forms there is a prescribed witness certificate. This certificate can only be completed by: • Solicitor or barrister • Registrar of a NSW Local Court • A licensed conveyancer who has completed an approved course under the Powers of Attorney Act, or • An employee of Public Trustee NSW or a Private Trustee company who has completed an approved course under the Powers of Attorney Act. The certificate states that the witness: • explained the effect of the Power of Attorney directly to you before it was signed; • was satisfied that you appeared to understand the effect of the Power of Attorney. If the Witness has any doubts about your ability to understand what you are signing, they are required to take reasonable steps to confirm your mental capacity. The witness who signs the certificate cannot be
