Who can witness an enduring power of attorney?
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 the Donor before it was signed; and • was satisfied that the Donor appeared to understand the effect of the Power of Attorney. If the Witness has any doubts about the Donor’s ability to understand what is being signed, they are required to take reasonable steps to confirm the Donor’s mental capacity.
