Answer for Q #4
A person arrives with an Enduring Power of Attorney (EPA) document and asks you to witness the donor’s signature. The person has no photo identification. What is the most appropriate action to take?
- Decline to witness the signature and request the client to return with photo identification.
- Witness the signature as usual, treating it like any other document requiring a witness.
- Politely decline, explaining that JPs cannot witness donor’s signatures on EPA documents and advise the client that EPA documents require witnessing by a lawyer or qualified legal executive.
Rationale: This question assesses the JP’s knowledge of specific restrictions regarding the witnessing of a signature on an EPA which is specified in the Protection of Personal and Property Rights Act 1988.
Section 4.4.2.1 of our manual explicitly states: “A Justice of the Peace cannot witness a donor’s signature on an Enduring Power of Attorney document. Only a lawyer, a qualified legal executive or an authorised officer of a trustee corporation who is independent of the attorney can witness a donor’s signature”.
Therefore, option c) is the correct response, accurately informing the client of the legal requirement for a lawyer or qualified legal executive to witness the donor’s signature on an EPA.