Victorian Consolidated Legislation

Instruments Act 1958 - SECT 125A

What must the witnesses certify?

125A. What must the witnesses certify?



(1) If an enduring power of attorney is signed by the donor, it must include a
certificate signed by each witness stating that-

   (a)  the donor signed the enduring power of attorney freely and voluntarily
        in the presence of the witness; and

   (b)  at the time, the donor appeared to the witness to have the capacity
        necessary to make the enduring power of attorney.

(2) If an enduring power of attorney is signed by a person for the donor, it
must include a certificate signed by each witness stating that-

   (a)  the donor of the power directed the person to sign the enduring power
        of attorney for the donor; and

   (b)  the donor of the power gave that direction freely and voluntarily in
        the presence of the witness; and

   (c)  the person signed it in the presence of the donor and the witness; and

   (d)  at the time, the donor appeared to the witness to have the capacity
        necessary to make the enduring power of attorney.