Who Can Witness an EPA in WA: Authorised Witness Requirements

The Two-Witness Rule

Every EPA and EPG in Western Australia must be signed in the physical presence of two independent witnesses. Both must be at least 18 years old with full legal capacity. At least one of the two must be an "authorised witness" under Schedule 2 of the Oaths, Affidavits and Statutory Declarations Act 2005 (WA).

The second witness doesn't need to be from the authorised list — any competent adult who isn't disqualified will do. But without at least one authorised witness, the EPA is invalid on its face.

Who Qualifies as an Authorised Witness

Schedule 2 of the Oaths Act lists dozens of professions. The most accessible options for most families:

• Justices of the Peace — free, widely available across WA
• Practising legal practitioners — solicitors and barristers with a current practising certificate
• Registered medical practitioners — GPs and specialists currently registered with AHPRA
• Registered nurses and midwives — currently registered and practising
• Pharmacists — currently registered
• Police officers — serving members of the WA Police Force
• School teachers and principals — currently employed at a school
• Members of Parliament — state or federal

The critical word is "practising" or "currently" employed. A retired GP, a former police officer, or a lawyer whose practising certificate has lapsed doesn't qualify. If they witness your EPA, the document is potentially invalid — and you won't know until a bank or Landgate rejects it.

Who Can't Witness

Two categories of people are specifically disqualified:

1. Anyone appointed under the document. If you're appointing your son as your attorney, he can't also serve as a witness. This applies to primary attorneys, substitute attorneys, and enduring guardians alike.

2. Anyone appointed as a substitute. Even if the substitute may never need to act, they're disqualified from witnessing the document that names them.

The second witness (the non-authorised one) is subject to the same disqualification rule. A spouse or partner of the attorney isn't automatically disqualified by legislation, but it's poor practice — if the EPA is ever challenged, the witness's independence will be questioned.

Finding a JP in Western Australia

Justices of the Peace are the most common free option. The WA Department of Justice maintains a searchable JP directory at wa.gov.au. Most local government offices, community centres, and some shopping centres have JPs available on a rotating basis.

When contacting a JP, confirm:

• They're currently appointed (not retired from the role)
• They're available to witness in person (no virtual witnessing for EPAs)
• They're willing to witness a multi-page document (some JPs only do single-page statutory declarations)

Bring valid photo ID for the donor and for any attorneys who will be signing their Acceptance of Appointment at the same session.

What If Your Witness Was Invalid?

If you discover after signing that one of the witnesses was ineligible — perhaps the authorised witness had retired or the second witness was actually the appointed substitute — the EPA is potentially invalid.

The safest course is to re-execute the EPA entirely with proper witnesses while the donor still has capacity. Don't try to patch the witnessing by having a valid witness sign the existing document after the fact — the witnessing must be contemporaneous with the donor's signature.

If the donor has already lost capacity, the flawed EPA may still be accepted by some institutions (banks sometimes don't check witnessing details), but it won't survive a legal challenge. In that scenario, a SAT Administration Order may be the only option.

The Medical Practitioner as Strategic Witness

The Office of the Public Advocate recommends that if there's any question about the donor's cognitive capacity, the donor's GP should serve as the authorised witness. A medical practitioner who witnesses the signing can simultaneously provide a professional assessment that the donor understood the nature and effect of the document at the time of execution.

This dual role — witness and capacity assessor — creates a strong evidentiary foundation if the EPA is later challenged. It's particularly valuable when the donor has an early-stage dementia diagnosis but still retains decision-making capacity.

For a complete witness eligibility checklist and a step-by-step guide to organising the signing ceremony, the Western Australia Power of Attorney Kit walks through every witnessing requirement alongside the form completion process.

See more Western Australia guides →