ACT Power of Attorney Witnessing Requirements: Who Can Witness and How

An improperly witnessed EPoA is a void EPoA — and the problem usually surfaces only when someone tries to use it, often years after it was signed and after the principal has lost capacity to execute a replacement.

The Dual-Witness Rule

Under the Powers of Attorney Act 2006, an ACT Enduring Power of Attorney requires two witnesses present at the same time. Both must watch the principal sign and then sign the document themselves, in the presence of the principal and each other. All signatures — principal and both witnesses — go on the same date.

Who Qualifies as Witness 1

Witness 1 (sometimes called the "prescribed witness") must be a person authorised to witness the signing of a statutory declaration under Commonwealth or ACT law. In practice, this means:

• Solicitors holding a current practicing certificate
• Justices of the Peace (JPs) — the most accessible option in Canberra; free JP services are available at Access Canberra Service Centres, Belconnen and Tuggeranong libraries, and various community centres
• Notaries public
• Medical practitioners (useful when the principal is in hospital)
• Court registrars
• Other persons prescribed by regulation who can witness statutory declarations

A person who is appointed as an attorney in the document cannot serve as either witness.

Who Qualifies as Witness 2

Witness 2 must be an adult (18+) who is not appointed as an attorney or substitute attorney in the EPoA. No professional qualification is required for Witness 2 — a neighbour, colleague, or friend can fill this role.

The Relative Rule

Only one of the two witnesses can be a relative of the principal or of any appointed attorney. If both witnesses are related to the principal, the EPoA is invalid. "Relative" is broadly defined and includes spouses, de facto partners, parents, children, siblings, and their respective spouses.

This rule catches families who try to keep everything in-house. If your daughter is the appointed attorney and your son witnesses it, you need an unrelated second witness — not another family member.

The Attorney Acceptance Step

This is the requirement most people miss entirely. Every appointed attorney and every substitute attorney must sign the Acceptance of Appointment section of the form.

An EPoA does not confer authority on an attorney until that attorney has signed the acceptance. The acceptance is a separate step from the principal's signing — the attorney does not need to sign at the same ceremony.

Health Direction Witnessing (Different Rules)

If you are also executing a Health Direction alongside your EPoA, note the different standard: a written Health Direction requires two adult witnesses present simultaneously, but neither needs to be a prescribed professional. Any two adults can witness a Health Direction; the Act does not impose the EPoA's attorney-witness exclusion.

Common Witnessing Mistakes in Canberra

• Using a family friend who is also named as a substitute attorney — invalidates the witnessing
• Having witnesses sign on different dates or in different locations — the concurrent-presence rule is strict
• Forgetting an attorney's acceptance signature — the most common gap in DIY EPoAs
• Using two relatives as witnesses — only one relative is permitted
• Having a prescribed witness who has let their JP appointment lapse — check currency before signing day

The ACT Advance Directive & Living Will Kit includes a witnessing verification protocol that walks through every requirement for both the EPoA and the Health Direction, with a checklist you can hand to your witnesses so they know exactly what to certify before anyone picks up a pen.

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