36Witnessing and certification requirements

36 Witnessing and certification requirements

(1) The witnessing requirements for an appointment of an appointed medical treatment decision maker or a support person or the revocation of such an appointment are the following—

(a) 2 adult witnesses are required to witness the signing of the document making or revoking the appointment;

(b) each witness must sign and date the document in the presence of—

(i) the person making or revoking the appointment; and

(ii) each other;

(c) at least one of the witnesses must be an authorised witness and must write the qualification of that authorised witness on the document.

(2) Each witness referred to in subsection (1) must certify on the document that—

(a) at the time of signing the document, the person making or revoking the appointment—

(i) appears to have decision-making capacity; and

(ii) appears to understand the nature and consequences of making or revoking the appointment; and

(b) the person appeared to freely and voluntarily sign the document; and

(c) the person signed the document in the presence of the 2 witnesses; and

(d) the witness is not an appointee under the appointment.