Auckland Justices of the Peace Association
Training

Answer to Question #25

Sue Furness

Can a Justice of the Peace witness a donor’s signature on an Enduring Power of Attorney (EPA) document?

A) Yes, if they also provide legal advice to the donor

B) Yes, as long as they are independent of the attorney 

C) No, only a lawyer, a qualified legal executive or an authorised officer of a trustee corporation who is independent of the attorney can

D) Yes, but they must not use ‘JP’ after their signature

Correct Answer: C) No, only a lawyer, a qualified legal executive or an authorised officer of a trustee corporation who is independent of the attorney can.

Rationale: The Protection of Personal and Property Rights Act 1988, with amendments in 2008, specifies the process for a donor to set up an Enduring Power of Attorney. The 2008 amendment to the legislation requires that the donor receive independent legal advice and that the lawyer providing that advice complete a certificate to confirm that they’re independent of your witness.