Answer to Question #41

Under the Protection of Personal and Property Rights Act 1988, who is exclusively permitted to witness a donor’s signature on an Enduring Power of Attorney document?

1. A Justice of the Peace, provided they use their JP stamp. 
2. Any person other than the donor or the attorney, including a Justice of the Peace, provided they do not write ‘JP’ after their name. 
3. Only a lawyer, a qualified legal executive, or an authorised officer of a trustee corporation who is independent of the attorney. 
4. Any two witnesses who are both present at the time of signing.

Correct Answer: C. Only a lawyer, a qualified legal executive, or an authorised officer of a trustee corporation who is independent of the attorney. A Justice of the Peace cannot witness a donor’s signature on an Enduring Power of Attorney document.