Answer to Question #26

 Is it permissible for a Justice of the Peace to take a statutory declaration from somebody other than the named declarant, such as a family member bringing the document? 

A) Yes, if the family member confirms the declarant’s identity and truthfulness.

B) No, the declarant must be personally present before the Justice of the Peace 

C) Yes, if the declarant is visually impaired or has special needs 

D) Yes, if a statutory declaration as to identity is provided by the family member

Answer B) No, the declarant must be personally present before the Justice of the Peace.

Note: The holder of an enduring power of attorney for the declarant is NOT able to make a statutory declarant instead of the named declarant.