Victorian Consolidated Legislation

Instruments Act 1958 - SECT 123

What are the formal requirements for making an enduring power of attorney?

123. What are the formal requirements for making an enduring power of
attorney?



(1) An enduring power of attorney must be in the approved form.

Note An approved form is a form approved by the Secretary to the Department of
Justice under section 125ZL.

(2) An enduring power of attorney must be signed-

   (a)  by the donor of the power; or

   (b)  by direction, and in the presence, of the donor of the power, by an
        eligible person.

(3) The power of attorney must be signed and dated by 2 adult witnesses in the
presence of the donor and each other.

(4) The witnesses must be in accordance with section 125.

(5) The enduring power of attorney must contain a certificate signed by each
witness in accordance with section 125A.