sec.44Formal requirements

### sec.44 Formal requirements An enduring power of attorney must be in an approved form. An approved form is a form approved by the chief executive under section 161 — schedule 3 (Dictionary). An advance health directive must be written and may be in the approved form. An enduring document must— be signed— by the principal; or if the principal instructs—for the principal and in the principal’s presence, by an eligible signer; and See section 30 (Meaning of eligible signer ). be signed and dated by an eligible witness. See section 31 (Meaning of eligible witness ). It is advisable for the witness to make a written record of the evidence as a result of which the witness considered that the principal understood the necessary matters. For a power of attorney—see section 41 and for an advance health directive—see section 42 . If an enduring document is signed by the principal, it must include a certificate signed by the witness stating the principal— signed the enduring document in the witness’s presence; and at the time, appeared to the witness to have the capacity necessary to make the enduring document. If an enduring document is signed by a person for the principal, it must include a certificate signed by the witness stating— the principal, in the witness’s presence, instructed the person to sign the enduring document for the principal; and the person signed it in the presence of the principal and witness; and the principal, at the time, appeared to the witness to have the capacity necessary to make the enduring document. An advance health directive must also include a certificate signed and dated by a doctor or nurse practitioner mentioned in subsection (7) stating the principal, at the time of making the advance health directive, appeared to the doctor or nurse practitioner to have the capacity necessary to make it. The doctor or nurse practitioner must not be— the person witnessing the advance health directive; or the person signing the advance health directive for the principal; or an attorney of the principal; or a relation of the principal or a relation of an attorney of the principal; or a beneficiary under the principal’s will. An enduring document is effective in relation to an attorney only if the attorney has accepted the appointment by signing the enduring document. In this section— nurse practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession, other than as a student, whose registration is endorsed as being qualified to practise as a nurse practitioner. s 44 amd 2021 No. 23 s 47 (sec.44-ssec.1) An enduring power of attorney must be in an approved form. An approved form is a form approved by the chief executive under section 161 — schedule 3 (Dictionary). (sec.44-ssec.2) An advance health directive must be written and may be in the approved form. (sec.44-ssec.3) An enduring document must— be signed— by the principal; or if the principal instructs—for the principal and in the principal’s presence, by an eligible signer; and See section 30 (Meaning of eligible signer ). be signed and dated by an eligible witness. See section 31 (Meaning of eligible witness ). It is advisable for the witness to make a written record of the evidence as a result of which the witness considered that the principal understood the necessary matters. For a power of attorney—see section 41 and for an advance health directive—see section 42 . (sec.44-ssec.4) If an enduring document is signed by the principal, it must include a certificate signed by the witness stating the principal— signed the enduring document in the witness’s presence; and at the time, appeared to the witness to have the capacity necessary to make the enduring document. (sec.44-ssec.5) If an enduring document is signed by a person for the principal, it must include a certificate signed by the witness stating— the principal, in the witness’s presence, instructed the person to sign the enduring document for the principal; and the person signed it in the presence of the principal and witness; and the principal, at the time, appeared to the witness to have the capacity necessary to make the enduring document. (sec.44-ssec.6) An advance health directive must also include a certificate signed and dated by a doctor or nurse practitioner mentioned in subsection (7) stating the principal, at the time of making the advance health directive, appeared to the doctor or nurse practitioner to have the capacity necessary to make it. (sec.44-ssec.7) The doctor or nurse practitioner must not be— the person witnessing the advance health directive; or the person signing the advance health directive for the principal; or an attorney of the principal; or a relation of the principal or a relation of an attorney of the principal; or a beneficiary under the principal’s will. (sec.44-ssec.8) An enduring document is effective in relation to an attorney only if the attorney has accepted the appointment by signing the enduring document. (sec.44-ssec.9) In this section— nurse practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession, other than as a student, whose registration is endorsed as being qualified to practise as a nurse practitioner. - (a) be signed— (i) by the principal; or (ii) if the principal instructs—for the principal and in the principal’s presence, by an eligible signer; and Note— See section 30 (Meaning of eligible signer ). - (i) by the principal; or - (ii) if the principal instructs—for the principal and in the principal’s presence, by an eligible signer; and Note— See section 30 (Meaning of eligible signer ). - (b) be signed and dated by an eligible witness. Note— See section 31 (Meaning of eligible witness ). It is advisable for the witness to make a written record of the evidence as a result of which the witness considered that the principal understood the necessary matters. For a power of attorney—see section 41 and for an advance health directive—see section 42 . - (i) by the principal; or - (ii) if the principal instructs—for the principal and in the principal’s presence, by an eligible signer; and Note— See section 30 (Meaning of eligible signer ). - (a) signed the enduring document in the witness’s presence; and - (b) at the time, appeared to the witness to have the capacity necessary to make the enduring document. - (a) the principal, in the witness’s presence, instructed the person to sign the enduring document for the principal; and - (b) the person signed it in the presence of the principal and witness; and - (c) the principal, at the time, appeared to the witness to have the capacity necessary to make the enduring document. - (a) the person witnessing the advance health directive; or - (b) the person signing the advance health directive for the principal; or - (c) an attorney of the principal; or - (d) a relation of the principal or a relation of an attorney of the principal; or - (e) a beneficiary under the principal’s will.