Victoria has introduced a permanent procedure for remote execution of powers of attorney, revocations and supportive attorney appointments.
The procedure arises from the temporary COVID-19 related remote execution and witnessing laws, that are now repealed.
The procedure requires:
- A special witness, who can be an Australian legal practitioner or justice of the peace;
- All steps of the procedure to be completed on the same day and within Victoria;
- The principal to sign – or direct someone to sign the instrument on their behalf, with that direction being heard by the witnesses – with all witnesses seeing the signature by audio visual link, or a combination of physical presence and audio visual link;
- The special witness to be the last person to witness;
- The document to be emailed to any witness attending by audio visual link, who must:
- be reasonably satisfied that the document is the same document they witnessed the principal sign;
- certify that they witnessed the document by audio visual link in accordance with the procedure;
- sign the document, with the principal and other witnesses seeing them to do via audio visual link; and
- in the case of the special witness, certify the document was signed and witnessed in accordance with the procedure, certify that they are a special witness and the type of special witness they are and note whether there is a recording of the process.
The By Lawyers Powers and advance care directives (Vic) guide has been updated accordingly for the new procedures on remote execution of powers. For LEAP users Power of Attorney forms have been updated as noted in the LEAP forms blog.