Who Can Witness a Power of Attorney in Saskatchewan

Two Valid Paths to Witness a Saskatchewan POA

Saskatchewan's Powers of Attorney Act, 2002 provides exactly two ways to validly witness an enduring power of attorney. Using the wrong method — or failing to follow either method correctly — can invalidate the entire document, and the family won't discover the problem until they try to use it at a bank or land titles office.

Path 1: One licensed Saskatchewan lawyer. The grantor signs in the presence of a lawyer who is actively licensed to practice in Saskatchewan. The lawyer completes Form D (Legal Advice and Witness Certificate), confirming that they explained the document's nature and effect to the grantor and that the grantor appeared to understand it.

Path 2: Two independent adult witnesses. The grantor signs in the physical presence of two competent adults, and both witnesses complete Form E (Non-lawyer Witness Certificate). This path is available when the family wants to avoid lawyer fees or can't easily access a lawyer in their area.

There is no third option. A notary public who is not also a licensed lawyer does not qualify. A single non-lawyer witness is not enough. A commissioner for oaths cannot substitute for either path.

Who Cannot Be a Witness

The disqualification rules apply equally to both paths and are broader than many families expect:

• The appointed attorney cannot witness the document they're being appointed under
• The attorney's spouse or common-law partner is disqualified
• Family members of the grantor — spouse, parents, children, siblings, grandparents, grandchildren, aunts, uncles, nieces, nephews (including adoptive and step-family)
• Family members of the attorney — same categories

These rules exist to prevent undue influence. The 2015 amendments tightened them specifically because earlier cases showed attorneys or their family members witnessing documents where the grantor was under pressure to sign.

Form D vs Form E

Form D is the Legal Advice and Witness Certificate that only a lawyer completes. It certifies that the lawyer explained the power of attorney's nature and consequences to the grantor, assessed that the grantor appeared to have the mental capacity to understand the document, and watched the grantor sign.

Form E is the Non-lawyer Witness Certificate. Each of the two adult witnesses completes their own copy. Form E certifies that the witness was physically present when the grantor signed, that the grantor appeared to understand the nature and effect of the document, and that the witness is not a disqualified person.

Both forms must be attached to the power of attorney document. A common mistake is completing the power of attorney itself but forgetting to have the witnesses fill out and sign the separate witness certificate. Without the attached Form D or Form E, the document is defective.

Remote Video Witnessing

Saskatchewan does permit remote witnessing by video — but only through the lawyer path. The Law Society of Saskatchewan issued Practice Directive Number 1, which allows a licensed lawyer to witness the signing via real-time audio-visual communication (Zoom, Teams, or similar platforms).

The restrictions are significant:

• Only a licensed Saskatchewan lawyer can use this option. Two lay witnesses cannot witness remotely by video.
• The lawyer must complete Form PD1, a specific declaration confirming they verified the grantor's identity through the video session and assessed capacity and voluntariness.
• Counterpart signing is prohibited. The grantor must sign the original physical paper document, then transmit it (mail, courier) to the lawyer for their signature on the same piece of paper. The lawyer cannot sign a separate printed copy.
• The grantor must be physically present in Saskatchewan during the video session.

For rural and northern families who live hours from the nearest law office, video witnessing solves a real access problem. But the courier step adds delay, and any error in the PD1 process can invalidate the document.

The Two-Witness Path in Practice

Most families in Saskatchewan who want to avoid lawyer fees use the two-witness method. The practical challenge is finding two adults who meet all the independence requirements. In small towns and rural communities, where everyone is related to or connected with everyone else, this can be genuinely difficult.

Good candidates for witnesses include: neighbours who are not related to either the grantor or the attorney, co-workers, church members, or community organization contacts. The witnesses don't need any special qualification beyond being competent adults — they just need to be truly independent from both the grantor and the attorney's families.

Both witnesses must be physically present in the same room when the grantor signs. There's no option to have one witness present and one on video, or to have the witnesses sign at different times. All signatures happen in one sitting.

Common Witnessing Mistakes

Using only one non-lawyer witness. Some families assume one witness is enough. It's not — the Act requires two.

Having a family member witness. Adult children often witness a parent's power of attorney without realizing they're disqualified if they're also related to the appointed attorney (which they usually are, since the appointed attorney is typically a sibling or the other parent).

Forgetting Form E. The witnesses sign the power of attorney document itself, but forget to complete the separate Form E certificate. Both are required.

Signing different copies. If the family prints two copies so each witness gets one to sign, both copies are now invalid. All parties must sign the same physical original document.

The Saskatchewan Power of Attorney Kit includes pre-formatted witnessing checklists and Form E templates so the signing day goes smoothly the first time, without the errors that trigger bank rejections or ISC refusals months later.

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