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Power of Attorney for Personal Care

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Do I need witnesses when I sign a Power of Attorney for Personal Care?

Yes. The law says you need two witnesses. Both must be with you when you sign, and they must also sign. The following people cannot be witnesses:

  • your spouse or partner, child, or someone you treat as your child,
  • your attorney, or your attorney's spouse or partner,
  • anyone under the age of 18,
  • anyone who has a "Guardian of Property" appointed for them by a court because they are not mentally capable of managing their property,
  • anyone who has a "Guardian of the Person" appointed for them by a court because they are not mentally capable of making their own personal care decisions.