31Certain persons may not witness a second request

31 Certain persons may not witness a second request

(1)  One of the witnesses, or the commissioner for declarations, within the meaning of the Oaths Act 2001 , to a person’s second request must not be any one or more of the following persons:

(a) a member of the family of the person;

(b) a person who, at the time of witnessing the request, knows or believes that he or she is likely to, either directly or indirectly benefit from, or receive a financial benefit, directly or indirectly, as a result of, the death of the person, other than by receiving reasonable fees for the provision of services to the person to whom the request relates;

(c) a person who is a residential care provider in relation to the person or an employee or agent of a residential care provider in relation to the person;

(d) a person who is a resident in the facility, owned or operated by a residential care provider in relation to the person, in which the person making the request resides.

(2)  The following persons must not be a witness to a person’s second request:

(a) the person’s PMP or CMP;

(b) another person who completes or signs, or completes and signs, the second request for and on behalf of the person making the second request.