Enduring Power of Guardianship

  1. Witnessing
    • EPG must be witnessed by two persons in the presence of each other and the appointor.
  2. Follow instructions
    • Adhere to any instructions on the form.
  3. Verify identity
    • Confirm appointor’s identity (name, address, and DOB).
    • 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 appointor alone
    • Each witness should assess whether the appointor 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 if the appointor understands:
      1. What is an Enduring Power of Guardianship?
      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 appointor 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. Appointor signature
    • Ask the appointor to sign and date the EPG in the presence of both witnesses. If unable, a representative (not a witness) can sign, or the appointor can make a mark.
  8. Complete witness statement
    • Each witness must fill in their full name, address, occupation and sign the form.

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

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