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.
The Enduring Document must be witnessed by one of the following:
⚖️ Justice of the Peace;
⚖️ Commissioner for Declarations;
⚖️ Lawyer; or
⚖️ Notary Public.
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.
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
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.