Who Can Witness an Advance Health Directive in WA

The Witnessing Rule That Invalidates Most DIY Directives

Both an Advance Health Directive (AHD) and an Enduring Power of Guardianship (EPG) in Western Australia require two independent adult witnesses present at the same time you sign. At least one of those witnesses must be a person authorised to witness statutory declarations under the Oaths, Affidavits and Statutory Declarations Act 2005.

This sounds simple. In practice, it is the single most common reason self-completed documents are rejected. The Office of the Public Advocate and the WA Department of Health both flag witnessing errors as the leading cause of invalid EPGs and AHDs.

Who Counts as an Authorised Witness in WA

The Oaths, Affidavits and Statutory Declarations Act 2005 lists dozens of categories. The most accessible ones for everyday use:

• Currently registered medical practitioners (including GPs) — they must hold current AHPRA registration
• Currently registered pharmacists — with current Pharmacy Board of Australia registration
• Lawyers — current practitioners holding a WA practising certificate
• Justices of the Peace — actively appointed in WA
• Police officers — currently serving members of the WA Police Force
• Currently registered nurses and midwives — with current AHPRA registration
• Members of the Australian Defence Force — currently serving commissioned officers
• Bank managers and building society managers — currently employed in the role
• Ministers of religion — recognised by the relevant denomination
• Post office managers — currently employed by Australia Post in a management role
• Settlement agents — currently licensed in WA
• Real estate agents — currently licensed in WA

The full list runs to over 50 categories, but the ones above cover what is practically available in most WA towns.

The Retired Professional Trap

This is where many people come unstuck. A retired GP, retired pharmacist, or retired lawyer does not qualify as an authorised witness once they cease active practice. It does not matter that they held the qualification for decades. The Act requires current registration or current appointment.

The trap is social: families often ask a trusted family doctor who retired years ago. That doctor may be happy to oblige, not realising their witness status lapsed. The resulting AHD looks properly signed but is legally defective.

How to check: Ask the witness directly whether they hold current registration. For health professionals, AHPRA maintains a public register you can search online. For lawyers, check the Legal Practice Board of WA register.

Who Cannot Be a Witness

Even if someone is on the authorised-witness list, they are disqualified in specific situations:

For an AHD:

• The person making the directive (the appointor)
• Any person who signed the directive on behalf of the appointor (if the appointor cannot physically sign)
• Any interpreter used during the signing

For an EPG (appointor's signing):

• The appointor
• The person signing on behalf of the appointor
• Any person named as an enduring guardian or substitute guardian in the document

For an EPG (guardian's acceptance):

• The appointor
• The person who signed on behalf of the appointor
• Any guardian or substitute guardian who is also signing the acceptance

The second witness (the non-authorised one) must still be over 18 and independent of the signing.

Practical Solutions for Finding Witnesses

Metropolitan Perth: The easiest route is a JP signing centre. The Perth Magistrates Court and many local council offices run free JP services. Alternatively, book a standard appointment at your GP clinic and ask the doctor plus a receptionist (as the second witness) to witness the signing.

Regional WA: This is harder. In smaller towns, the authorised-witness options narrow to the local GP, pharmacist, police officer, or JP. If your town lacks these, the WA Country Health Service (WACHS) can sometimes arrange witnessing during a scheduled clinic visit. Some regional courts also have JP rosters.

Remote communities: Aboriginal and Torres Strait Islander families in remote areas face the steepest barrier. The Department of Health recommends coordinating witnessing with planned medical visits or outreach clinics. A currently serving police officer stationed in a remote community also qualifies.

The EPG Two-Stage Witnessing Complication

An EPG has a wrinkle that AHDs do not: the guardian must also sign an acceptance, and that acceptance needs its own set of two witnesses (at least one authorised). The guardian does not have to sign at the same time or place as you, but they must sign after you.

This means you might need four witnesses total — two for your signing, two for the guardian's acceptance. In practice, the same authorised witness can witness both stages as long as they are not the appointor or a guardian. But arranging separate witnessing sessions at different locations is fine and sometimes easier logistically.

What Happens If Witnessing Is Defective

A witnessing error does not trigger a warning or rejection notice. The document sits in your filing cabinet looking perfectly valid until someone — a hospital, a family member, the SAT — challenges it. At that point, the defect surfaces, the AHD or EPG is declared invalid, and the statutory hierarchy of treatment decision-makers takes over as if the document never existed.

The Western Australia Advance Directive & Living Will Kit includes a witnessing compliance checklist that walks through every disqualification rule before you sign, plus a regional witness-finder guide for people outside metropolitan Perth.

See more Western Australia guides →