45Certification of witness to signing of written declaration

45 Certification of witness to signing of written declaration

45 Certification of witness to signing of written declaration

(1) A person who witnesses the signing of a written declaration by the patient making the declaration must—

(a) certify in writing in the declaration that, in the presence of the witness, the patient appeared to freely and voluntarily sign the declaration, and

(b) state that the witness is not knowingly an ineligible witness.

(2) A person who witnesses the signing of a written declaration by another person on behalf of the patient making the declaration must—

(a) certify in writing in the declaration that—

(i) in the presence of the witness, the patient appeared to freely and voluntarily direct the other person to sign the declaration, and

(ii) the other person signed the declaration in the presence of the patient and the witness, and

(b) state that the witness is not knowingly an ineligible witness.

(3) In this section—

ineligible witness means a person who is an ineligible witness under section 44(2).