You must present the original or a certified copy of the power of attorney to the witness as proof of signing authority. If you have any further questions about how to testify to your documents, please contact a member of our team. If you need to consult a third-party document that is not prepared for and during employment and that does not relate to the employer`s or entity`s business units as defined in the PCPA, you must act carefully and carefully to ensure that the third party knows that you are not acting for them and that you are not giving them legal advice. Alternatively, you can make an affidavit by video in front of a special witness. You can also sign the affidavit electronically if a special witness witnesses it by video. However, physical distancing requirements make it difficult to produce these documents. Legislation has been introduced to help people testify about their important documents, reduce personal contact and ensure their protection. The witness must then sign the document, copy or consideration and return it to you – or you can ask them to send it directly to someone else. The witness may sign electronically or sign the paper version of the document. In this edition of « It Depends, » attorney Katelyn Gillert explains who can testify about your documents and what types of documents need to be certified. The declaration was made, signed and attested in accordance with Emergency Response 2020 – Documents and Oaths.
Once you have signed the document in front of the special witness using videoconferencing technology, you can either: Some legal documents, such as continuing powers of attorney, affidavits and affidavits, require an authorized witness. Different jurisdictions have different requirements and different categories of witnesses admitted. Typically, however, an authorized witness includes a justice of the peace, lawyer, explanatory commissioner, judicial officer or other professions such as doctors, pharmacists or police officers. As a general rule, an admitted witness must record his qualifications on the document he or she is witnessing. An affidavit is a written statement made under oath or under penalty of perjury to a person legally authorized to make an affidavit (i.e., witness). Again, much depends on the document you sign. However, in most cases where the testimony has not been properly concluded, there is a risk that your document may not be valid, enforceable or binding. In some cases, such as wills, there is also a risk that your wishes will not be granted after your death. As a best practice, when testifying documents, make sure that your witness is not related to you or anyone else involved in the transaction. You must use the same pen as your witness, and you must also ensure that you and your witness make any changes that are made to the document. Examples of what can be signed or attested (non-exhaustive list) 3 As is clear from the fact that these articles provide for the testimony of persons who are not legally qualified, such as employers and justices of the peace. Australians who are overseas and who need to sign a document for use in Australia that requires an « authorised witness » must sign the document in the presence of a notary or go to the Australian consulate or embassy.
The website of the Australian consulate or embassy in each country describes the procedure for making appointments for notarial services and confirms whether a fee is payable for the service. This is important because a lawyer can only provide legal services within the framework of the articling certificate they have. For example, in-house lawyers can only provide legal services to their employer. While the simple witness to a signature is unlikely to be the provision of legal services, more complex tasks may be different. For example, witnessing a complaint and subpoena involves an assessment of the complaint and the exercise of discretion4 and would constitute the provision of legal services. Whether you sign a paper or electronic document, the process of testifying your document by video is similar. There are a number of documents that require your signature to be attested, including wills, durable powers of attorney, deeds, and affidavits. Notarizing your signature is an important step in ensuring your document is valid, authoritative and enforceable. Unlike wills and permanent documents, the witness does not have to complete a special witness certificate. Some documents must be attested and signed by an « appropriate witness ». The following documents must be officially completed in the presence of an « appropriate witness »: Welcome to It Matters. Today, we will discuss who can testify to your documents.
You must keep all of the following documents together: To make an appointment, use this tool to check if your document can be viewed online. In cases where the legislation applicable to a particular document requires an Australian lawyer or jurist, the person giving the testimony or certificate must be admitted and holds a recent solicitor`s certificate. In such cases, special attention must be paid to the task at hand, as the requirement of a person capable of providing legal services gives rise to the presumption that the task constitutes the provision of legal services. After making the declaration, oath or declaration, you must show the witness each page of the document and sign the declaration at the end. More information on using technology to create documents during COVID-19 is available. Stone Group lawyers can assist you with all your witness and legalisation requirements for documents intended for use in Australia. We work with you to ensure that you can be sure that your documents are executed correctly and legally binding. Contact our office at (07) 5635 0180 to schedule your appointment today.