Olivia is the Head of Legal at Lawpath, where she helps Australian businesses navigate complex legal challenges with practical, commercially minded advice. She specialises in employment matters, contract drafting, pre-litigation strategy, dispute resolution, commercial law and startup compliance, and has supported clients across technology, healthcare, professional services and retail. Olivia is passionate about making legal services accessible, personable and effective for every client.
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Who can witness a power of attorney depends on the state or territory whose form you’re signing. For an enduring power of attorney, every jurisdiction needs at least one qualified witness, such as a justice of the peace (JP), lawyer or commissioner for declarations, and your attorney can never be that witness. NSW is the outlier. A JP can’t witness one there.
Here’s the awkward bit. Most people only think about a power of attorney when a parent’s memory starts slipping or a long trip is booked, so they grab the nearest JP and sign. Get the witness wrong and the document fails at the exact moment your family needs it.
- NSW needs a lawyer or a Local Court registrar. A JP, doctor or pharmacist can’t witness a NSW enduring power of attorney.
- Victoria, WA, Tasmania and the ACT need two witnesses. NSW, Queensland, SA and the NT need one qualified witness.
- Your attorney can never witness. Victoria, Queensland and Tasmania also rule out relatives of you or your attorney.
- Your attorney has to sign too. In most states an enduring attorney has no power until they sign the acceptance.
- Online witnessing only works in NSW and Victoria. Everywhere else, you and your witnesses need to be in the same room.
Who can witness a power of attorney? The state-by-state answer
Each state writes its own rules, and they’re stricter for enduring documents (the kind that keep working if you lose capacity) than for general ones. This table covers enduring powers of attorney, because that’s where people get caught out.
| State | Witnesses needed | Who qualifies | Can a JP do it? |
|---|---|---|---|
| NSW | One | Australian lawyer, Local Court registrar, or a licensed conveyancer or trustee company employee who has done an approved course | No |
| VIC | Two adults, together | One must be authorised to witness affidavits (a JP or lawyer, for example) or be a medical practitioner | Yes, plus a second adult |
| QLD | One | JP, commissioner for declarations, notary public or lawyer | Yes |
| WA | Two, together | At least one authorised to take statutory declarations; the other an adult who isn’t being appointed | Yes, plus a second adult |
| SA | At least one | At least one authorised to take affidavits, such as a JP, notary or Commissioner for taking affidavits | Yes |
| TAS | Two, together | Adults who aren’t a party to the document or a close relative of a party | Yes, plus a second adult |
| ACT | Two adults | One must be authorised to witness a statutory declaration; only one can be a relative | Yes, plus a second adult |
| NT | One | A person authorised to administer an oath (the NT uses an advance personal plan) | Yes |
Spot the pattern? Seven of the eight jurisdictions let a JP fill the qualified witness spot. That’s exactly why NSW catches so many people.
Can a JP witness a power of attorney?
Yes, everywhere except NSW. In Victoria, Queensland, WA, SA, Tasmania, the ACT and the NT, a JP qualifies as a witness for an enduring power of attorney. Remember the second witness in the states that need two.
NSW is different. Its list of prescribed witnesses leaves JPs out entirely. Confusion comes from a separate NSW regulation that lets JPs certify copies of a power of attorney. Certifying a copy and witnessing the original are two different jobs.
Want a free option in NSW? Book an appointment with a Local Court registrar. Just don’t expect a JP or registrar to tell you whether the document does what you want. JPs witness signatures. They don’t give legal advice.
Who can witness a power of attorney in your state?
Who can witness a power of attorney in NSW?
A NSW enduring power of attorney needs one prescribed witness under section 19 of the Powers of Attorney Act 2003 (NSW). That means an Australian lawyer, a Local Court registrar, a lawyer qualified overseas, or a licensed conveyancer, NSW Trustee and Guardian employee or trustee company employee who has completed an approved course.
The witness doesn’t just watch you sign. They have to explain the document to you first, then certify that you appeared to understand it. A lawyer is the natural fit, because they’re putting their name to the fact that you understood what you signed.
A NSW general power of attorney is lighter. One adult witness who isn’t your attorney will do. For the version that survives a loss of capacity, start with the NSW enduring power of attorney template.
Who can witness a power of attorney in Victoria?
Victoria needs two adult witnesses, and both must be there at the same time, signing in front of you and each other. One of them has to be authorised to witness affidavits (a JP, a lawyer with a practising certificate, or a police officer of sergeant rank or above) or be a medical practitioner.
Neither witness can be your attorney, a relative of yours or your attorney, or your care worker or accommodation provider. The full list sits in the Powers of Attorney Act 2014 (Vic).
Your GP counts as the qualified witness. That’s handy if you’re seeing them anyway, and a doctor is well placed to notice if capacity is shaky. Use the Victorian enduring power of attorney, because Victoria insists on its prescribed wording.
Who can witness a power of attorney in Queensland?
Queensland needs one eligible witness: a JP, a commissioner for declarations, a notary public or a lawyer. The witness can’t be your attorney or a relation of you or your attorney. If the document covers personal or health matters, your paid carer and health provider are out too.
The witness certifies that you appeared to have the capacity to make the document. The Queensland Government’s guide to enduring powers of attorney walks through the approved forms.
One Queensland quirk: an enduring power of attorney there can cover personal and health decisions, not just money. In NSW you’d need a separate document for that.
Who can witness an enduring power of attorney in WA?
WA needs two witnesses, both present when you sign. At least one must be authorised to take statutory declarations, a list that includes JPs, lawyers and registered teachers. The other can be any adult who isn’t being appointed as your attorney or substitute attorney.
Your attorney’s acceptance doesn’t have to happen on the day. They can sign it later, even from another state. WA’s Public Advocate also suggests interested parties stay out of the witness role, even where it’s technically allowed. Start with the WA enduring power of attorney template.
Who can witness a power of attorney in SA?
In South Australia an enduring power of attorney is made as a deed. At least one witness must be authorised to take affidavits, such as a JP, a notary public, a Commissioner for taking affidavits, or a police officer who isn’t a probationary constable. Your attorney then signs an acceptance in the prescribed form.
Who can witness a power of attorney in Tasmania?
Tasmania needs two witnesses who aren’t a party to the document or a close relative of a party. They sign in your presence and each other’s, and each declares they’re independent.
Here’s the step people miss. A Tasmanian power of attorney must be registered with the Recorder of Titles before your attorney can act under it. Unregistered, it does nothing.
Who can witness a power of attorney in the ACT?
The ACT needs two adult witnesses who sign in your presence and each other’s. Neither can be your attorney. Only one can be a relative of you or your attorney. One must be authorised to witness a statutory declaration, and our guide on who can witness a statutory declaration covers that list.
What about the Northern Territory?
You can’t make a new enduring power of attorney in the NT anymore. Territorians use an advance personal plan instead, which appoints decision makers for money, health or both. It needs one witness who is authorised to administer an oath. Older NT enduring powers made before the change still work.
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Who can’t witness a power of attorney?
Signing day rarely goes wrong because nobody turned up. It goes wrong because the wrong person did. Rule these people out before you book anything:
- Your attorney or substitute attorney. No state allows this.
- Relatives of you or your attorney, in Victoria, Queensland and Tasmania. The ACT allows one relative at most.
- Your care worker or accommodation provider in Victoria, and your paid carer or health provider in Queensland when personal matters are covered.
- Anyone under 18, and anyone signing the document on your behalf.
Think about who’s in the room when a family sits down to sort this out. The attorney. A sibling. A partner. In Victoria or Queensland, asking any of them to witness voids the document.
What does a power of attorney witness actually certify?
Far more than your signature. Depending on the state, the witness confirms that you signed voluntarily, that you appeared to understand the nature and effect of the document, and that they aren’t disqualified. In NSW they also confirm they explained it to you first.
So expect questions. A good witness will ask what the document does and who you’ve chosen. That’s them doing their job, not doubting you. WA’s Public Advocate goes further and recommends witnesses decline if they’re worried about capacity or pressure.
Is capacity borderline? Get a doctor’s letter confirming it before signing day. If a family member challenges the document later, that letter does a lot of heavy lifting.
Does a general power of attorney need a witness?
Sometimes, and the rules are lighter. Victoria doesn’t require a witness for a general non-enduring power of attorney unless you can’t sign it yourself. Queensland only needs an eligible witness if your attorney will deal with land. NSW needs one adult witness who isn’t the attorney.
Our take? Use a qualified witness anyway. You don’t know what your attorney will need to sell or sign in five years, and a proper witness costs you nothing extra.
One warning. A general power stops working the moment you lose capacity. If you’re doing this because of a parent’s diagnosis, it’s the wrong document. Our guide to the difference between a general and enduring power of attorney explains which one fits.
Who else needs to sign a power of attorney?
Your attorney. In most states an enduring attorney has no authority until they sign an acceptance. NSW and Queensland both say this outright, and the other states have their own acceptance forms.
The acceptance has its own rules. In NSW it needs no witness. Victoria wants an adult to witness it, unless the attorney is a trustee company. WA lets your attorney sign later and somewhere else.
A power of attorney with only your signature on it is half finished. Chase the acceptance the same week. And if you also want someone deciding about health or living arrangements in NSW, read up on appointing an enduring guardian, because that’s a separate document.
Can a power of attorney be witnessed online?
Only in NSW and Victoria. NSW allows witnessing over a live audio-visual link under Part 2B of the Electronic Transactions Act 2000 (NSW). You still sign the paper in ink while the witness watches, then they sign it (or an exact copy) and add a remote witnessing endorsement.
Victoria has its own remote procedure. Everyone has to be physically in Victoria, every step happens on the same day, and one witness must be an Australian lawyer or a JP.
Everywhere else, sign on paper with your witnesses in the room. Queensland expressly excludes enduring documents from its electronic signing rules. Even in NSW and Victoria, an in-person signing gives banks and land registries less to question. Our broader guide on who can witness a signature covers other documents.
What happens if the wrong person witnesses your power of attorney?
The document isn’t validly made, so your attorney has no authority under it. Banks and titles offices will refuse to act on it, and you’ll find out when your attorney tries to use it.
If you still have capacity, the fix is easy. Sign a fresh one with the right witnesses and revoke the old one. If capacity has gone, there’s no do-over. Your family has to apply to the state tribunal, such as NCAT, VCAT or QCAT, for an order, and the tribunal decides who manages your money.
That’s slower, it’s more stressful, and the person appointed might not be the person you’d have chosen. Checking the witness now takes ten minutes.
What if you’re signing in a different state?
Witnessing rules follow the form, not your postcode. Signing a NSW form while you’re in Melbourne? You still need a NSW prescribed witness. The good news is that NSW accepts lawyers from any Australian state.
Our view: make your power of attorney under the law of the state where you live and hold your assets. If you’re signing outside that state, ask the witness to confirm they qualify under your state’s rules before you put pen to paper.
Your power of attorney signing-day checklist
- Use the form for the state whose law you’re relying on.
- Book your qualified witness ahead: a lawyer or Local Court registrar in NSW, a JP or lawyer almost everywhere else.
- In Victoria, WA, Tasmania and the ACT, line up a second witness who can be there at the same time.
- Check neither witness is your attorney, or a relative where your state rules them out.
- Bring photo ID, and don’t sign or date anything before the witnesses arrive.
- Initial each page if the form asks you to.
- Get every attorney to sign their acceptance.
- Register it if needed: always in Tasmania, and with your land titles office if your attorney might deal with property.
- Make certified copies for your attorney and bank, and keep the original somewhere safe.
How Lawpath makes this simpler
The hard part isn’t the paperwork. It’s knowing which form, which witness and which extra step your state wants. Lawpath has state-specific power of attorney templates built on each jurisdiction’s own form, alongside 550+ other legal document templates.
Fill it in online, print it, and take it to the right witness. If your situation is messier, like a blended family, property in two states or a parent whose capacity is already in question, one of our estate planning lawyers can check it before anyone signs.
Frequently asked questions about who can witness a power of attorney
Can a JP witness an enduring power of attorney in NSW?
No. A NSW enduring power of attorney needs a prescribed witness: an Australian lawyer, a Local Court registrar, or a licensed conveyancer or trustee company employee who has completed an approved course. JPs can certify copies, but they can’t witness the original.
Can a JP witness a power of attorney in Victoria?
Yes. A JP counts as the qualified witness for a Victorian enduring power of attorney. You still need a second adult witness present at the same time, and neither can be your attorney or a relative of you or your attorney.
Who can witness a power of attorney in Queensland?
A JP, commissioner for declarations, notary public or lawyer. You need one eligible witness for an enduring power of attorney, and they can’t be your attorney or a relation of you or your attorney.
Who can witness an enduring power of attorney in WA?
Two witnesses, both present when you sign. At least one must be authorised to take statutory declarations, like a JP, lawyer or registered teacher. The other must be an adult who isn’t being appointed as your attorney.
Can a family member witness a power of attorney?
Not in Victoria, Queensland or Tasmania, where relatives of you or your attorney are ruled out. The ACT allows one relative out of two witnesses. Your attorney can never witness in any state. To keep it simple, use someone with no family link at all.
Can my doctor witness my power of attorney?
In Victoria, yes. A medical practitioner counts as the qualified witness. In NSW, no, because doctors aren’t prescribed witnesses. Elsewhere it depends on whether your doctor falls within that state’s list of authorised witnesses, so check before your appointment.
Does my attorney need a witness when they sign?
It depends on the state. In NSW your attorney’s acceptance needs no witness. Victoria needs an adult to witness it, unless the attorney is a trustee company. Either way, your attorney has no authority under an enduring power of attorney until they’ve signed.
Can I sign a power of attorney electronically?
Only NSW and Victoria offer an online witnessing route, and both come with strict steps. In NSW you still sign on paper while the witness watches by video. Every other state needs physical signatures with witnesses in the room.
Do I need to register my power of attorney?
In Tasmania, yes, before your attorney can use it. Elsewhere, you only need to register it with the land titles office if your attorney will deal with land on your behalf.
What if my witness wasn’t qualified?
Then the document isn’t validly made. If you still have capacity, sign a new one with the right witnesses and revoke the old one. If you’ve lost capacity, your family will need to apply to the state tribunal instead.
If you’ve read this far and realised your existing power of attorney might have the wrong witness, you’re not alone and you’re not too late. While you have capacity, this is a one-afternoon fix. Sorting it now is the kindest thing you can do for the people you’ve chosen.
Start your enduring power of attorney with Lawpath today, and book the right witness this week.
