117Considerations for failure to comply with execution requirements

117 Considerations for failure to comply with execution requirements (1) Under section 116(1)(b) VCAT must not decide that an enduring power of attorney is valid, even though the requirements for execution of the power of attorney under this Act were not complied with, unless VCAT is satisfied that— (a) the principal and attorney intended the document to be an enduring power of attorney; and (b) at the time the document was signed, the principal had decision making capacity in relation to the making of the enduring power of attorney; and (c) the principal— (i) signed the document freely and voluntarily; or (ii) freely and voluntarily directed the person who signed the document for the principal to do so, and was present when the person signed the document. (2) Under section 116(1)(b) VCAT must not decide that the revocation of an enduring power of attorney is valid, even though the requirements for execution of the revocation under this Act were not complied with, unless VCAT is satisfied that— (a) the principal intended to revoke the enduring power of attorney; and (b) at the time the instrument of revocation appeared to be signed, the principal had decision making capacity in relation to making the enduring power of attorney giving the same power; and (c) the principal— (i) signed the instrument of revocation freely and voluntarily; or (ii) freely and voluntarily directed the person who signed the instrument of revocation for the principal to do so, and was present when the person signed the instrument of revocation.