Who Can Witness an Enduring Power of Attorney in Victoria?

The Two-Witness Requirement

Under the Powers of Attorney Act 2014 (Vic), signing an enduring power of attorney (EPA) requires two adult witnesses. For an in-person signing, both witnesses are physically present when the principal signs; the EPA can instead use the remote witnessing procedure. Both witnesses must be at least 18 years old.

But the requirements aren't equal for both witnesses. One of them must hold a specific professional qualification — and the list of people who are disqualified from witnessing is longer than most families expect.

Witness 1: The Authorised Witness

At least one of the two witnesses must be a person authorised to witness affidavits in Victoria, or a registered medical practitioner. In practice, this means:

Eligible as the authorised witness:

• An Australian legal practitioner (solicitor or barrister) with a current practising certificate
• A Justice of the Peace (JP) appointed in Victoria
• A registered medical practitioner (doctor)
• Other categories of people authorised to witness affidavits under Victorian law — this includes pharmacists, dentists, veterinary practitioners, police officers, and certain public servants, among others

The Justice of the Peace option is often the most accessible. Victorian JPs are volunteer appointees who provide witnessing services free of charge. Many sit at regular sessions in local courts, police stations, libraries, and community centres. The Department of Justice and Community Safety maintains a searchable register of JPs.

Witness 2: Any Eligible Adult

The second witness can be any adult (18+) who isn't disqualified by the rules below. They don't need any professional qualification. A friend, neighbour, or colleague can serve as Witness 2 — provided they're not related to the principal or attorney.

Who Cannot Witness

The disqualification rules are where families get caught. Neither witness (including the authorised witness) can be:

• The appointed attorney or any alternative attorney named in the EPA
• A relative of the principal — this includes spouse, domestic partner, parent, child, sibling, grandparent, grandchild, uncle, aunt, nephew, niece, and step-relatives
• A relative of any appointed attorney — same family relationship categories
• A care worker for the principal
• An accommodation provider for the principal — anyone who provides or manages the principal's housing (aged care facility staff, boarding house operators)

These disqualifications create real constraints. In many families, the obvious people to have present at a signing — the other adult children, the principal's spouse, or a care or accommodation provider — are disqualified.

The Edge Cases

Can the principal's regular GP witness? Yes, a registered medical practitioner is eligible as an authorised witness, provided the person is not otherwise disqualified — for example, as an attorney, relative of the principal or an attorney, care worker, or accommodation provider.

Can a relative who is also a lawyer witness? No. The professional qualification doesn't override the family disqualification. A daughter-in-law who is a solicitor is still a relative of the attorney (if the attorney is her spouse) and is therefore disqualified.

Can an aged care facility staff member witness? Almost certainly not. Staff at the principal's residential aged care facility fall under the "care worker" and "accommodation provider" disqualifications.

Witnessing the Statement of Acceptance

The principal's signing isn't the only thing that needs witnessing. Each appointed attorney must also sign a Statement of Acceptance in the presence of an adult witness. This is a separate step — the attorney accepts the responsibilities of the appointment.

For this witnessing step, the rules are simpler: the witness must be an adult (18+), but there's no requirement for them to be a JP, lawyer, or medical practitioner.

The EPA isn't legally active for a particular attorney until they've completed this acceptance step. Missing it is one of the most common execution mistakes.

For Remote Witnessing: Stricter Requirements

If you're using Victoria's permanent remote witnessing provisions (signing via audio-visual link), the authorised witness category narrows further. For remote witnessing, the "special witness" must be either:

• An Australian legal practitioner, or
• A Victorian Justice of the Peace

Standard in-person witnessing accepts a broader range of authorised affidavit witnesses (pharmacists, dentists, police officers, etc.), but remote signing does not. All parties must also be physically located in Victoria, and the entire process must be completed on the same calendar day.

Finding Witnesses in Regional Victoria

For families outside Melbourne, finding two eligible witnesses — especially the authorised witness — can require planning. Options:

• Local JP sessions — check the DJCS JP register or call your local court
• Community legal centres — many offer witnessing services as part of their work
• Local law firms — some charge a modest fee to witness documents, others do it at no charge for existing clients
• Pharmacies — pharmacists are authorised to witness affidavits in Victoria and are widely available in regional towns

If you can't locate eligible witnesses locally, consider whether the remote witnessing provisions might help — though that requires a special witness (lawyer or JP) and adds its own procedural requirements.

Our Victoria Power of Attorney Kit includes a witness eligibility checklist for each document type — EPA, MTDM, and advance care directive — plus protocols for both in-person and remote witnessing under the 2025 Regulations.

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