Victorian Current Acts

POWERS OF ATTORNEY ACT 2014 - SECT 97

    (1)     As to the 2 persons who, under section 95(b) , witness the signing of an appointment form for a supportive attorney appointment—

        (a)     both persons must be eligible to do so under subsection (2); and

S. 97(1)(b) substituted by No. 6/2018 s. 68(Sch. 2 item 97.2).

        (b)     one person must be a person who is a statutory declaration witness within the meaning of the Oaths and Affirmations Act 2018 ;

        (c)     one person must not be—

              (i)     a relative of the principal; or

              (ii)     a relative of the supportive attorney under the appointment; or

              (iii)     a care worker or an accommodation provider for the principal.

    (2)     A person is eligible to witness the signing of an appointment form for a supportive attorney appointment if the person is—

        (a)     of or over the age of 18 years; and

        (b)     is not signing the appointment form at the direction of the principal; and

        (c)     is not a supportive attorney under the appointment.

    (3)     To avoid doubt, a person is not excluded from being eligible to witness the signing of an appointment form merely because the person is an employee of a supportive attorney for the principal who signs the form while the person is acting in the ordinary course of that employment.