Formal requirements
110E Formal requirements
An enduring power of guardianship is not valid unless —
it is in the form or substantially in the form prescribed by the regulations; and
it is signed by the appointor or by another person in the presence of, and at the direction of, the appointor; and
the signature referred to in paragraph (b) is witnessed by 2 persons —
both of whom are authorised by law to take declarations; or
of whom —
one is authorised by law to take declarations; and
the other has the qualifications specified in subsection (2);
and
it is signed by the witnesses referred to in paragraph (c) in the presence of —
the appointor; and
the person who signed it at the appointor’s direction (if applicable); and
each other;
and
it is signed by each person being appointed as an enduring guardian or substitute enduring guardian (an appointee) to indicate the appointee’s acceptance of the appointment; and
the signature of the appointee is witnessed by 2 persons —
both of whom are authorised by law to take declarations; or
of whom —
one is authorised by law to take declarations; and
the other has the qualifications specified in subsection (2);
and
it is signed by the witnesses referred to in paragraph (f) in the presence of the appointee and each other.
A witness referred to in subsection (1)(c)(ii)(II) or (f)(ii)(II) must be a person —
who has reached 18 years of age; and
who is not —
the appointor; or
the person who signed the enduring power of guardianship at the appointor’s direction (if applicable); or
an appointee.
[Section 110E inserted: No. 25 of 2008 s. 11.]
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
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