Appendix 1

Jurisdiction

Signatory

Combined enduring power of attorney (or equivalent)

Vic

Principal

Two witnesses—one person must be either authorised to witness affidavits or a medical practitioner.^[1] The witnesses must certify that the principal appeared to freely and voluntarily sign the enduring document and that the principal appeared to have decision-making capacity in relation to making the enduring document.^[2]

Attorney

Any person over 18 years. No witness required if attorney is a trustee company.

Qld

Principal

One witness beinga justice, commissioner for declarations, notary public or lawyer.^[3] Witness must certify that the principal appeared to have the legal capacity necessary to make the enduring document.^[4]

Attorney

No witness required.

NT

Principal

One witness being a JP, Commissioner for Oaths, police officer, legal practitioner, health professional, accountant, CEO of a local government authority, social worker or school principal.

Witness must certify the identity of the principal, that the principal understands the nature and effect of the advance personal plan; and that in making the plan, the principal adult is acting voluntarily without coercion or other undue influence.^[5]

Substitute decision maker

No witness required.

ACT

Principal

Two witnesses—one who must be authorised to witness statutory declarations. One witness may be a relative of the principal or the attorney.^[6] Witnesses must certify that the principal signed the power of attorney voluntarily, and appeared to understand the nature and effect of making the power of attorney.^[7]

Attorney

No witness required.