Who can witness an Enduring Power of Attorney(Medical) or an enduring Power of Attorney?
Some of the forms which are available at various shops for these powers may be misleading as to who may or must witness these Powers of Attorney. An Enduring Power of Attorney must be witnessed by two persons, one of whom shall be a person authorised by law to take and receive statutory declarations and neither of whom shall be the agent or alternate agent to be appointed. Note that the reference to persons authorised by law to take and receive statutory declarations refers to Victorian Law and are different form the persons authorized by Commonwealth law to take statutory declarations in relation to Immigration matters. Click here for the list of persons authorised to witness Enduring Powers of Attorney. The Instruments Act 1958 provides that neither the donor (giver) of the power nor the person appointed as attorney can be a witness and that only one of the witnesses can be a relative of the donor or of the person appointed as the attorney. An Enduring Power of Attorney (medical) mus
