Who should witness an advance care directive in SA?
SA ACDs need an authorised witness under the Act. Here's who qualifies, and why the witness's role matters.
South Australian advance care directives must be witnessed by an authorised witness under the Advance Care Directives Act 2013 (SA) – including lawyers, JPs, medical practitioners, registered nurses, and social workers. The witness must certify that the testator had capacity and understood the document.
Authorised witnesses
Lawyers (including Sam), commissioners for taking affidavits, JPs of the Peace, medical practitioners, registered nurses, social workers, psychologists, and certain other health professionals.
Capacity certification
The witness must certify that at the time of signing, the testator: had capacity to understand the ACD, was not acting under duress, and understood the consequences of the directive.
Why a lawyer witness often makes sense
A lawyer witness typically drafts the ACD, understands the legal context, can explain implications clearly, and can coordinate with the testator's other estate planning documents. Sam regularly witnesses ACDs as part of drafting them.
Medical witnesses for complex cases
For clients with declining capacity or complex medical situations, a medical witness alongside a legal witness adds evidentiary weight. The GP's capacity certification is particularly important for elderly clients.
Practical process
Most commonly, the ACD is prepared by a solicitor, the client and solicitor meet (often at the client's home), the ACD is signed and witnessed, and copies are distributed to the GP, family, and care providers.
Summary
SA ACDs need an authorised witness under the Act. Here's who qualifies, and why the witness's role matters.
Talk to Sam about your situation
If this article raised questions for your own circumstances, Sam Michele offers free 20-minute initial consultations. Learn more about our advance care directive service, or book a consultation.
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Disclaimer: This article is general information only and does not constitute legal advice. Estate planning is deeply personal - every family's circumstances are different. For advice specific to your situation, please contact Rosewood Succession Solicitors.