98Certification of witness to signing of appointment form

98 Certification of witness to signing of appointment form (1) A witness who witnesses a principal signing an appointment form for a supportive attorney appointment must— (a) certify in writing on the form— (i) that the principal appeared to freely and voluntarily sign the appointment form in the presence of the witness; and (ii) that, at the time the principal signed the appointment form, the principal appeared to the witness to have decision making capacity in relation to making the supportive attorney appointment; and (b) state that the witness is not a supportive attorney under the supportive attorney appointment; and (c) if the witness is acting as a person who is authorised by law to witness the signing of a statutory declaration, state the qualification on which the witness is acting. (2) A witness who witnesses another person signing an appointment form for a supportive attorney appointment at the direction of the principal must— (a) certify in writing on the form— (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 form in the presence of the principal and the witness; and (iii) that, at the time the person signed the form, the principal appeared to the witness to have decision making capacity in relation to making the supportive attorney appointment; and (i) a person signing the appointment form at the direction of the principal; or (ii) a supportive attorney under the supportive attorney appointment; and (c) if the witness is acting as a person who is authorised by law to witness the signing of a statutory declaration, state the qualification on which the witness is acting. S. 98(4) inserted by No. 11/2021 s. 99. (4) For the purposes of this section, a signature may be an electronic signature if the remote witnessing procedure is used. S. 98(5) inserted by No. 11/2021 s. 99. (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. 99 amended by No. 11/2021 s. 100 (ILA s. 39B(1)).