Queensland Law Society

Guidelines for Witnessing Enduring Documents (Aug 2013)

The Queensland Public Guardian has released new Guidelines for Witnessing Enduring Documents (August 2013) which supersedes the 2005 “Capacity guidelines for witnesses of Enduring Powers of Attorney”.

Practitioners are reminded that when we witness Enduring Powers of Attorney, the capacity assessment process is markedly different to determining capacity in a broader sense. The Lexon Wills and EPA Risk Procedure Pack (see Checklists 5 and 7) may require updating, and we must read such older material in conjunction with the new guidelines pending any revision being published.