FAQ Page

Powers of Attorney

1. Who needs to attend when the Power(s) of Attorney are witnessed?

The person assigning the power (Principal), the person receiving the authority (Attorney) and the second witness.

2. Where do I get information about the various forms of Powers of Attorney?

The Office of the Public Advocate will provide advice on Powers of Attorney and will forward out a copy of the book Take Control, a book that explains the procedures and implications of the various Powers of Attorney. The Office of the Public Advocate phone number is 1300 309 337.

3. I need two witnesses - will the Justice of the Peace provide the second witness?

No the Justice of the Peace does not provide the second witness. The Principal needs to bring an appropriate second witness when the POA is to be witnessed by the Justice of the Peace. The second witness should not be a proposed Attorney nor related to them.

4. Do I need to bring anything other than the Power(s) of Attorney?

Yes, the “Principal”, “Attorney” and witness will be asked for photographic identification e.g. Driver’s Licence, Passport or a Working with Children’s Card.

5. What will happen when we come to see the Justice of the Peace?

The Justice of the Peace will need to satisfy him or herself that the donor has a clear understanding of the powers they are giving and the possible consequences of the actions they are taking. Those present may be asked to leave the room while the Justice of the Peace speaks with the donor privately.

6. What happens if I sign the Power of Attorney before I meet with the Justice of the Peace?

A Justice of the Peace will ask you, and/or the witness to resign the document again.