Who Can Witness a Power of Attorney in Newfoundland and Labrador

Witnessing Rules for an EPA in Newfoundland

An Enduring Power of Attorney in Newfoundland and Labrador requires exactly one independent witness. This is simpler than several other Canadian provinces, but the rules about who can and cannot serve as that witness are absolute — getting them wrong invalidates the entire document.

Under the Enduring Powers of Attorney Act (RSNL 1990, c. E-11), the witness must be physically present when the donor signs. The witness then signs immediately afterward. Both signatures must appear on the same document.

Who Cannot Witness an EPA

The statute disqualifies three categories of people:

• The named attorney — the person being granted financial authority cannot also witness the document granting them that authority
• The attorney's spouse — whether legally married or in a common-law relationship
• The attorney's cohabiting partner — anyone living with the attorney in a conjugal relationship

Beyond these statutory exclusions, there is no additional restriction. A friend, neighbour, colleague, or adult family member who is not the attorney or the attorney's partner can serve as the witness. The witness does not need to be a lawyer, notary, or commissioner of oaths.

That said, choosing a witness who is clearly independent — someone with no financial interest in the donor's affairs — strengthens the document against future challenges. If a dispute ever arises about whether the donor was competent or under pressure when signing, the credibility of the witness matters.

Witnessing Rules for an AHCD

The Advance Health Care Directive has stricter witnessing requirements than the EPA. Under the Advance Health Care Directives Act (1995), an AHCD requires two independent witnesses, and neither witness can be:

• The appointed Substitute Decision Maker (SDM)
• The SDM's spouse

This means if you are executing both documents at the same sitting, you need to plan for different witness pools. The EPA needs one witness who is not the attorney; the AHCD needs two witnesses who are not the SDM. If the same person serves as both the financial attorney and the healthcare SDM, the planning gets simpler — but you still need two witnesses for the AHCD portion.

Additionally, the SDM must sign a written acceptance of their appointment. This is not a witnessing requirement in the traditional sense, but it is a separate mandatory signature that many families miss.

How to Sign the Documents

The signing process follows a specific sequence:

For the EPA:

1. The donor reads and confirms they understand the document
2. The donor signs in the presence of the witness
3. The witness signs immediately after, in the donor's presence
4. Both record the date of signing

For the AHCD:

1. The maker signs in the presence of both witnesses
2. Both witnesses sign in the maker's presence
3. The SDM signs the written acceptance section (this can happen at the same sitting or separately)

If the maker is physically unable to sign — due to paralysis, severe arthritis, or another condition — a third party can sign on their behalf in their presence. This signing representative cannot be the SDM or the SDM's spouse, and both witnesses must observe the substituted signing.

Remote Witnessing via Video Link

For families in remote Labrador communities or situations where physical presence is impractical, the Alternate Witnessing of Documents Act permits video-link execution. This is particularly relevant for FIFO workers whose parents live in coastal communities hours from the nearest law office.

The rules for remote witnessing are significantly stricter than in-person:

• The remote witness must be a lawyer in good standing with the Law Society of Newfoundland and Labrador
• The lawyer must verify the signer's identity in real time using photo ID held up to the camera
• The lawyer must visually inspect the room to confirm no third party is present who might be exerting undue influence
• The lawyer must read the entire document aloud during the video session
• A screenshot must be captured showing the signer's face alongside their photo ID
• The lawyer appends a modified remote witnessing jurat to the document

This means remote witnessing is not a free or casual process — it requires engaging a lawyer who can serve as the video witness. But it makes valid execution possible without requiring everyone to be in the same room.

Common Witnessing Mistakes

The most frequent errors that invalidate otherwise well-drafted documents:

• Using the attorney's spouse or cohabiting partner as a witness — both are statutory exclusions
• Having the AHCD witnessed by only one person — EPAs need one witness, AHCDs need two, and families regularly mix up which document they are signing
• Forgetting the SDM acceptance signature — the SDM's written acceptance is legally separate from the witnessing, but must be completed for the AHCD to be valid
• Not recording the witness's full contact details — banks and institutions sometimes want to verify the witness years later, and a first name only is not enough

The Newfoundland and Labrador Power of Attorney Kit includes separate execution checklists for the EPA and AHCD that walk through each signing step in the correct order, with clear guidance on witness eligibility.

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