32Appointment of enduring guardian

32 Appointment of enduring guardian

(1)  [Section 32 Subsection (1) amended by No. 4 of 2000, s. 8, Applied:28 Apr 2000] A person who is of or over the age of 18 years may, by instrument in writing, appoint a person as his or her enduring guardian and any such instrument may appoint 2 or more persons to act jointly as enduring guardians.

(2)  An instrument is not effective to appoint an enduring guardian unless  –

(aa) [Section 32 Subsection (2) amended by No. 21 of 2023, s. 19, Applied:01 Sep 2024] the appointor understands the nature and effect of the instrument; and

(a) it is in accordance with Form 1 in Schedule 3 or in a form to similar effect; and

(b) [Section 32 Subsection (2) amended by No. 4 of 2000, s. 8, Applied:28 Apr 2000] [Section 32 Subsection (2) amended by No. 15 of 2021, s. 14, Applied:21 Nov 2022] there is endorsed on it –

(i) an acceptance in the form, or to the effect, of the acceptance specified in Form 1 signed by each person appointed as an enduring guardian; and

(ii) a declaration in the form, or to the effect, of the declaration specified in Form 1 signed by each person appointed as an enduring guardian, that the person has obtained and understood any advance care directive given by the appointor; and

(c) [Section 32 Subsection (2) amended by No. 21 of 2023, s. 19, Applied:01 Sep 2024] it is signed by the appointor with that signature attested by the signature of two witnesses neither of whom is a party to it nor a close family member of a party to it and each of whom has witnessed it in the presence of the appointor and each other; and

(d) [Section 32 Subsection (2) amended by No. 18 of 2021, s. 131, Applied:05 Nov 2021] it is registered with the Tribunal.