Witnessing requirements for Enduring Power of Attorney now tighter

The witnessing requirements for an enduring power of attorney have now changed.

The signing of an enduring power of attorney by the principal (the person giving the power) must be witnessed by two people. One of the witnesses must be either a person who is authorised to witness affidavits or be a medical practitioner. Previously, one of the witnesses only needed to be authorised to witness statutory declarations.

None of the witnesses can be related to the principal or the attorney. Nor can the witnesses be a care worker or accommodation provider for the principal.

Furthermore, attorneys appointed are still required to sign a statement of acceptance but this now must be witnessed by someone over 18.

Anyone who wishes to make an enduring power of attorney should see a lawyer to ensure that the document is executed correctly.

If you want to know more about making an enduring power of attorney contact:

Justin Hartnett
Principal
Harwood Andrews
T: 5225 5220
E: jhartnett@harwoodandrews.com.au

Andrew Robson
Principal
Harwood Andrews Ballarat
T: 5329 6920
E: arobson@harwoodandrews.com.au

Daniela Pavlovic
Senior Associate
Harwood Andrews
T: 5225 5227
E: dpavlovic@harwoodandrews.com.au