33How should an enduring power of attorney be executed?

33 How should an enduring power of attorney be executed? (1) An instrument creating an enduring power of attorney must be executed— (i) the principal signing the instrument; or (ii) a person, who is eligible to do so under section 34, signing the instrument in the presence of and at the direction of the principal; and (b) by 2 persons— (i) who are present and who witness the signing of the instrument; and (ii) who sign and date the instrument in the presence of the principal and in the presence of each other; and (iii) who certify in writing in the instrument in the manner required by section 36. S. 33(2) inserted by No. 11/2021 s. 92. (2) For the purposes of this section, an enduring power of attorney may be executed by using the remote witnessing procedure and is a valid enduring power of attorney. S. 33(3) inserted by No. 11/2021 s. 92. (3) For the purposes of this section, a signature may be an electronic signature if the remote witnessing procedure is used. S. 33(4) inserted by No. 11/2021 s. 92. (4) For the purposes of this section "in the presence of" includes being present by audio visual link in accordance with the remote witnessing procedure.