Guides / Who can witness it
Who can witness an enduring power of attorney in Victoria?
Two people must witness an enduring power of attorney in Victoria, and one of them must hold a particular qualification. A power signed in front of the wrong witnesses can be challenged at VCAT.
Witness an enduring power of attorney: in short
- Two adult witnesses, both present when you sign.
- One must be authorised to witness affidavits or be a medical practitioner.
- A witness cannot be an attorney, a relative of yours or of an attorney, or your care worker or accommodation provider.
- Each witness signs and dates in front of you and the other witness, and certifies that you appeared to sign freely and to have capacity.
The qualified witness
One of the two witnesses must be a medical practitioner or a person authorised to witness affidavits. The Department of Justice and Community Safety lists who is authorised under the Oaths and Affirmations Act 2018 (Vic). The ones people most often use:
- an Australian legal practitioner;
- a public notary;
- an honorary justice (a justice of the peace or a bail justice);
- a police officer of or above the rank of sergeant, or in charge of a police station;
- a Victorian Public Service employee with a prescribed classification (the Department lists level 4 or above);
- a court or VCAT registrar;
- a member or former member of the Victorian or Commonwealth Parliament;
- a senior officer of a council.
Who cannot witness an enduring power of attorney
- The person signing for you at your direction, if you cannot sign yourself.
- Any attorney appointed in the document.
- A relative of yours, or of an attorney. “Relative” means a spouse or domestic partner, child, parent or step-parent, sibling or step-sibling, grandparent, grandchild, uncle or aunt, nephew or niece.
- Your care worker or accommodation provider.
An employee of your attorney is not excluded just because of that employment, if acting in the ordinary course of it.
What the witnesses certify
Each witness certifies in the document that you appeared to sign freely and voluntarily in their presence, and that you appeared to have decision making capacity to make the power. Each also states that they are not an excluded person. The qualified witness states the qualification they rely on.
The attorney's acceptance is witnessed too
Each attorney signs a statement of acceptance. One adult witnesses it. There is no special qualification for that witness.
Witnessing by video link
Allowed, under the remote witnessing procedure: all steps on the same day and within Victoria; the witnesses must clearly see the signature being made; one witness must be a special witness (an Australian legal practitioner, a justice of the peace appointed under the Honorary Justices Act 2014 (Vic), or a prescribed person), who signs last, checks the document and certifies that the procedure was followed. A recording may be made only if everyone consents. Counterparts are not valid: there is one document.
Revoking a power needs the same witnessing. See Revoking a power of attorney.
Witness an enduring power of attorney: common questions
Have another question? Phone 1800 776 529 or send us a message.
Yes, as the qualified witness, if they are not otherwise excluded.
A pharmacist is not on the list of people authorised to witness affidavits, so a pharmacist cannot be the qualified witness. A pharmacist can be the second witness if they are an adult and not a relative, attorney, care worker or accommodation provider. [CHECK: confirm the answer for a pharmacist who dispenses to the person.]
The same answer as for a pharmacist: not as the qualified witness.
The Act does not exclude a beneficiary as such; it excludes relatives, attorneys, care workers and accommodation providers.
The Act does not prohibit it.
Sign a new one if you can. If the person has lost capacity, VCAT can validate a power in limited circumstances.
Next step
We witness powers of attorney at our Frankston office and by video link within Victoria. Send instructions or call 1800 776 529.
Witness an enduring power of attorney: the law
- Powers of Attorney Act 2014 (Vic) ss 3, 5A to 5D, 33 to 37, 46, 48, 49, 117.
- Oaths and Affirmations Act 2018 (Vic) s 19.
- Honorary Justices Act 2014 (Vic) s 3.
Last reviewed: November 2026. This page is general information about Victorian law as at November 2026. It is not legal advice about your circumstances.
Send us an enquiry
We reply within one business day.
To send documents, use the Send instructions form. If something is about to happen in the next few days, such as a sale or a hearing, please also call us.
Phone: 1800 776 529
Email: info@enduringpowerofattorney.com.au
Hours: Monday to Friday, 9 am to 5:30 pm
Office: 435 Nepean Highway, Frankston VIC 3199 (by appointment)
We act for attorneys and for families, but never for both sides of the same dispute. Before we start, we check that we have not acted for anyone else involved. [CHECK: confirm this line]