What are the Witness Restrictions, Requirements and Guidelines for witnessing Enduring Documents in Queensland?

Witness Restrictions

The witness must not be:

❌ The person signing for the Principal (if applicable);

❌ An Attorney of the Principal;

❌ A current paid carer or health-care provider for the Principal; or

❌ A relation of the Principal or of the Principal’s Attorney/s.

Witness Requirements

The Enduring Document must be witnessed by one of the following:

⚖️ Justice of the Peace;

⚖️ Commissioner for Declarations;

⚖️ Lawyer; or

⚖️ Notary Public.

Guidelines for Witnessing Enduring Documents

Witnesses must satisfy themselves that the Principal understands the nature and effect of:

✅ The document they are signing

✅ The delegation of their decision making powers and directions given about future health care.

When taking instructions, witnesses should:

✅ Ask open-ended questions

✅ Take notes, detailing their interview with the Principal

✅ Refer the Principal to a health care professional if you have doubts about their capacity to understand the document.

Do not witness an enduring document if you have concerns that the Principal:

Lacks Capacity to understand what they are signing; or

❌ Is being Unduly Influenced by another person to sign the document.

For more information please refer to these guidelines published by the Office of the Public Guardian.

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.