35IWitnessing of advance care directive

### 35I Witnessing of advance care directive > > (1)  [*\[Section 35I Subsection (1) omitted by No. 21 of 2023, s. 28, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS28@EN) .  .  .  .  .  .  .  .   > > > (2)  A written advance care directive must be witnessed by 2 persons as follows: > > > > > > (a) each witness must sign and date the advance care directive in the presence of each other and the person giving the advance care directive; > > > > > > > (b) each witness must certify on the advance care directive form the following: > > > > > > > > > > (i) that he or she is satisfied as to the identity of the person giving the advance care directive; > > > > > > > > > > > (ii) that the person giving the advance care directive appears to understand that the advance care directive is about future health care; > > > > > > > > > > > (iii) that the person giving the advance care directive appears to understand the nature and effect of each statement contained in the advance care directive; > > > > > > > > > > > (iv) that, in the opinion of the witness, the person giving the advance care directive did not appear to be acting under any form of duress or coercion; > > > > > > > > > > > (v) that, in the opinion of the witness, the provisions contained in the advance care directive reflect the directions, preferences and values of the person making the advance care directive; > > > > > > > (c) in accordance with any other prescribed witnessing requirements. > > > (3)  If a written advance care directive is given by a child, one of the witnesses referred to in [subsection (2)](#GS35I@Gs2@EN) must be a registered health practitioner. > > > (4)  An advance care directive given by means other than writing must be witnessed – > > > > > > (a) by 2 persons (one of whom is a registered health practitioner) who are present at the same time; and > > > > > > > (b) in accordance with any prescribed witnessing requirements. > > > (5)  A person must not witness an advance care directive given under this Part – > > > > > > (a) [*\[Section 35I Subsection (5) amended by No. 21 of 2023, s. 29, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS29@Hpa@EN) if the person is a close family member of the person giving the advance care directive; or > > > > > > > (b) if the person is a carer for the person giving the advance care directive (whether those services are provided in a paid or voluntary capacity); or > > > > > > > (c) if the person has signed the advance care directive pursuant to [section 35H(4)(b)(ii)](#GS35H@Gs4@Hpb@Hqii@EN) on behalf of the person giving the advance care directive; or > > > > > > > (d) if the person has not attained 18 years of age; or > > > > > > > (e) if the person has a known pecuniary interest in the estate of the person giving the advance care directive; or > > > > > > > (f) if the person, as a result of his or her position in a hospital, hospice, nursing home or other facility, has a direct or indirect ability to control or influence the care and management of the person giving the advance care directive who is resident at that facility; or > > > > > > > (g) [*\[Section 35I Subsection (5) amended by No. 21 of 2023, s. 29, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS29@Hpb@EN) if the person has been appointed as a guardian for the person giving the advance care directive; or > > > > > > > (h) in any other prescribed circumstances in which a person may not be a witness in relation to an advance care directive.