36Certification of witness to signing

36 Certification of witness to signing (1) A witness who witnesses a principal signing an instrument creating an enduring power of attorney must— (i) that the principal appeared to freely and voluntarily sign the instrument in the presence of the witness; and (ii) that, at the time the principal signed the instrument, the principal appeared to the witness to have decision making capacity in relation to the making of the enduring power of attorney; and (i) an attorney under the power of attorney; or (ii) a relative of the principal or of an attorney under the power of attorney; or (iii) a care worker or an accommodation provider for the principal; and (c) if the witness is acting as a person who is authorised to witness affidavits or a medical practitioner, state the qualification on which the witness is acting. (2) A witness who witnesses another person signing an instrument creating an enduring power of attorney at the direction of the principal must— (a) certify in writing on the instrument— (i) that, in the presence of the witness, the principal appeared to freely and voluntarily direct the person to sign for the principal; and (ii) that the person signed the instrument in the presence of the principal and the witness; and (iii) that, at the time the person signed the instrument, the principal appeared to the witness to have decision making capacity in relation to making the enduring power of attorney; and (i) the person signing at the direction of the principal; or (ii) an attorney under the power of attorney; or (iii) a relative of the principal or of an attorney under the power of attorney; or (iv) a care worker or an accommodation provider for the principal; and (c) if the witness is acting as a person who is authorised to witness affidavits or as a medical practitioner, state the qualification on which the witness is acting. S. 36(4) inserted by No. 11/2021 s. 93. (4) For the purposes of this section, a signature may be an electronic signature if the remote witnessing procedure is used. S. 36(5) inserted by No. 11/2021 s. 93. (5) For the purposes of this section "in the presence of" includes being present by audio visual link in accordance with the remote witnessing procedure. S. 37 amended by No. 11/2021 s. 94 (ILA s. 39B(1)).