Build the execution and witnessing plan for an enduring instrument before signing
Key facts
- Human involvement
- GreenLawyer review
- How AI is used
- Populate the firm's per-jurisdiction execution matrix for the instrument being signed and produce an internal signing plan listing the prescribed form, the eligible witness classes, the certificate or acceptance each party must sign, the order of signing, and any registration or lodgement step with its consequence.
- What the lawyer must review
- Check the matrix against the current form and legislation for the jurisdiction, confirm the proposed witness is eligible and independent of the attorney, and confirm whether registration is a condition of the instrument's effect or only needed for land dealings, before the signing appointment.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Populate the firm's per-jurisdiction execution matrix for the instrument being signed and produce an internal signing plan listing the prescribed form, the eligible witness classes, the certificate or acceptance each party must sign, the order of signing, and any registration or lodgement step with its consequence. |
| Lawyer | Check the matrix against the current form and legislation for the jurisdiction, confirm the proposed witness is eligible and independent of the attorney, and confirm whether registration is a condition of the instrument's effect or only needed for land dealings, before the signing appointment. |
Checklist
- Confirm the instructions, the jurisdiction and the complete relevant material before starting.
- Check the matrix against the current form and legislation for the jurisdiction, confirm the proposed witness is eligible and independent of the attorney, and confirm whether registration is a condition of the instrument's effect or only needed for land dealings, before the signing appointment.
- Check the output against the source documents named in it before it is relied on.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Enduring power of attorney (ACT approved form AF2017-45): completion guide | Form | AI use Yellow | Link to approved form AF2017-45, the enduring power of attorney under the Powers of Attorney Act 2006 (ACT), section 96. |
| Enduring guardianship instrument (Tasmania): appointing and registering an enduring guardian with TASCAT | Form | AI use Yellow | Link to the Office of the Public Guardian Tasmania's enduring guardianship page, with a guide to the lifestyle decisions covered, limits and conditions, joint and alternative guardians, registration with TASCAT through Service Tasmania, and guardians' duties. |
| Enduring power of attorney (Victoria, Powers of Attorney Act 2014): forms, witnessing and completion guide | Form | AI use Yellow | Link to the Victorian fillable enduring power of attorney forms and the Office of the Public Advocate guide, with the rules on capacity, personal and financial matters, multiple attorneys, the two-witness requirement and who cannot witness. |
| Enduring power of guardianship (Western Australia): the OPA kit, what the guardian can decide, capacity and no registration | Form | AI use Yellow | Link to the WA Office of the Public Advocate's enduring power of guardianship page and kit, with a guide to who can make one and be appointed, the personal, lifestyle and treatment decisions covered, limits, capacity, readover clauses, and the fact it is not registered. |
| Health direction (ACT approved form AF2017-46): completion guide | Form | AI use Yellow | Link to approved form AF2017-46, the health direction under the Medical Treatment (Health Directions) Act 2006 (ACT), section 21. |
| Enduring power of attorney (Queensland, short form and long form): choosing the form, attorney eligibility and witnessing | Form | AI use Yellow | Link to the Queensland Government's guide to making an enduring power of attorney, with the short and long forms, attorney eligibility, multiple attorneys, the eligible witnesses and what they certify, and attorney acceptance. |
| Appointment of a medical treatment decision maker (Victoria): long and short forms, capacity and witnessing | Form | AI use Yellow | Link to the Office of the Public Advocate's guide and the Department of Health forms for appointing a medical treatment decision maker, with a guide to capacity, appointing more than one person, the long, short and signing-on-behalf versions, and no remote witnessing. |
| Enduring power of attorney (Western Australia): information kit, when it starts, and what it does not cover | Form | AI use Yellow | Link to the WA Government's enduring power of attorney page and information kit, with a guide to who can make one, choosing when it starts, the State Administrative Tribunal's role, its limit to property and financial affairs, and revocation. |
| Advance Personal Plan (Northern Territory): completion guide | Form | AI use Yellow | Link to the Northern Territory Advance Personal Plan form. |
| Enduring power of attorney (South Australia): the Legal Services Commission kit, lodging for real estate, and revocation | Form | AI use Yellow | Link to the SA Government's guide to making an enduring power of attorney, with the Legal Services Commission kit and forms, where to get them, when the power must be lodged at Land Services SA, and how to revoke it. |
| Enduring power of attorney (Tasmania, Powers of Attorney Act 2000): completing and registering the instrument | Form | AI use Yellow | Link to the Office of the Public Guardian Tasmania's enduring power of attorney page, with a guide to what it covers, the requirement to complete and register the instrument with the Land Titles Office and pay the fee, and where enduring guardianship fits. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- https://www.nsw.gov.au/family-and-relationships/planning-for-end-of-life/make-power-of-attorney · 2026-09-27
- https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2003-053 · 2026-09-27
- https://www.publicadvocate.vic.gov.au/your-rights/enduring-power-of-attorney/making-a-power-of-attorney · 2026-09-27
- https://www.justice.vic.gov.au/powers-of-attorney-act-2014 · 2026-09-27
- https://www.titlesqld.com.au/wp-content/uploads/2026/04/ltpm-part-16.pdf · 2026-09-27
- https://nre.tas.gov.au/Documents/Enduring%20Power%20of%20Attorney%20Fact%20Sheet.pdf · 2026-09-27
- https://www.legislation.tas.gov.au/view/whole/html/inforce/current/act-2000-068 · 2026-09-27
- https://nt.gov.au/law/rights/advance-personal-plan · 2026-09-27
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.