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Q.

Who can be the witness for Power of Attorney?

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0 2025-11-24T16:57:15+00:00

In India, a witness for a Power of Attorney must be an adult who understands what they are signing. They should not be involved in the POA in any way. So, who can be a witness for a power of attorney? The basic requirements for a witness are;

  1. The witness must be 18 years or older.

  2. They must understand the purpose of the POA and be mentally fit.

  3. They cannot be the principal or an agent, or a close family member of either.

  4. Witnesses should not gain anything from the Power of Attorney.

  5. They must be physically there when the principal signs the document.

  6. A witness for a Power of Attorney can be any neutral adult who has no personal benefit in the document. This can include a friend, neighbour, or colleague who is not connected to the POA in any way. 

  7. You may also choose a professional, such as a doctor, teacher, or accountant, as long as they do not have any direct relationship or interest in the Power of Attorney. 

  8. People who are legally permitted to witness documents, like a notary public or a government officer, can also act as witnesses. 

  9. In addition, higher officials, such as a judge, magistrate, or civil servant, may also witness the signing.

I hope this helps!

Get Expert Legal Guidance from NoBroker for All Your Power of Attorney Needs

The rules for who can be a witness for a power of attorney may vary depending on the type of power of attorney, the state or country where it is executed, and the specific requirements of the document. However, some general guidelines are:

  • The witness must be over 18 years old and have mental capacity.

  • The witness must not be the agent, the notary public, or any relative by blood, adoption, or marriage of the principal or the agent.

  • The witness must not be a person who will benefit from the power of attorney, such as a beneficiary, a creditor, or a service provider.

  • The witness must not be a person who is involved in the same transaction or matter as the power of attorney, such as a co-owner, a partner, or a lawyer.

  • The witness must be independent and impartial and have no interest or conflict in the power of attorney.

Some examples of who can be a witness for a power of attorney are:

  • A friend, neighbor, colleague, or acquaintance of the principal or the agent who meets the above criteria.

  • A professional such as a doctor, nurse, teacher, accountant, banker, or social worker who meets the above criteria and has no professional relationship with the principal or the agent.

  • A person authorized by law to witness legal documents, such as a justice of the peace, a commissioner for oaths, a magistrate, or a solicitor.

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