Enduring Power of Attorney (EPA)

  1. Witnessing
    • EPA must be witnessed by two persons in the presence of each other and the donor.
  2. Follow instructions
    • Adhere to any instructions on the form.
  3. Verify identity
    • Confirm donor’s identity matches the form (name and address).
    • Request photo ID (e.g. driver’s licence). Compare the person’s face to the ID photograph.
    • Documents must be originals and cannot be expired, except for an Australian Passport expired by no more than two years. Do not accept cancelled documents. Verify name, address and other relevant details on the document matches the ID documents.
  4. Speak with donor alone
    • Each witness should assess whether the donor is acting voluntarily and is not under coercion or pressure to complete the EPA.
  5. Ask understanding questions
    • At least one witness (preferably both) should ask questions to assess the donor’s understanding:
      1. What is an Enduring Power of Attorney?
      2. When will it be used?
      3. What decisions will it cover?
      4. Who must follow it?
      5. Why are you completing it?
  6. Check for alterations, blank spaces or unanswered questions
    • All witnesses should inspect the document.
    • Ensure:
      1. All alterations must be initialled by both the donor and each witness.
      2. Mark blank spaces with ‘Z’ or ‘X’ and initial.
      3. Ensure all questions are answered or marked ‘not applicable’ with initials.
  7. Donor signature
    • Ask the donor to sign and date the EPA in the presence of both witnesses.
  8. Complete witness statement
    • Each witness must fill in their full name, address and sign the form.

Please refer to the Justices of the Peace Handbook for any issues not covered above.

Home