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 being a 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. |
[1] Powers of Attorney Act 2014 (Vic) ss 33–36. Witnesses cannot be a relative of the principal or attorney, or a care worker or an accommodation provider for the principal.
[2] Powers of Attorney Act 2014 (Vic) s 33.
[3] Powers of Attorney Act 1998 (Qld) s 31. The eligible witness cannot be the attorney of the principal, a relative of the principal or attorney and, if the power is for a personal matter, not be a paid carer or health provider of the principal.
[4] Powers of Attorney Act 1998 (Qld) s 44.
[5] Advance Personal Planning Act 2013 (NT) s 10(3).
[6] Powers of Attorney Act 2006 (ACT) s 19.
[7] Ibid, s 22.