Witnessing NSW EPAs

posted Aug 8, 2015, 7:51 PM by Michael Rees   [ updated Aug 8, 2015, 9:42 PM ]

Kay looked up the requirements for witnessing an EPA in NSW which have recently changed. The FAQ site provides the answer:

7. Who can Witness a Power of Attorney?

Recent changes to the Power of Attorney legislation have resulted in new, more specific requirements for witnesses of an Enduring Power of Attorney. At the end of all Enduring Power of Attorney forms there is a prescribed witness certificate. This certificate can only be completed by:
    • Solicitor or barrister
    • Registrar of a NSW Local Court
    • A licensed conveyancer who has completed an approved course under the Powers of Attorney Act, or
    • An employee of NSW Trustee & Guardian or a Private Trustee company who has completed an approved course under the Powers of Attorney Act.
The certificate states that the witness:
    • explained the effect of the Power of Attorney directly to you beforeit was signed;
    • was satisfied that you appeared to understand the effect of the Power of Attorney.
If the Witness has any doubts about your ability to understand what you are signing, they are required to take reasonable steps to confirm your mental capacity.

The witness who signs the certificate cannot be the attorney but a solicitor or other accredited employee at NSW Trustee & Guardian may be a witness. NSW Trustee & Guardian can only assist you when we are appointed attorney or substitute attorney. Every branch of NSW Trustee & Guardian has staff who are qualified to act as witnesses, ensuring that using NSW Trustee & Guardian’s Power of Attorney is simple and professional.