Victorian Numbered Acts

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POWERS OF ATTORNEY ACT 2014 (NO. 57 OF 2014) - SECT 49

Certification of witness to signing of instrument of revocation

    (1)     A witness who, under section 46(b)(i) witnesses a principal signing an instrument of revocation must—

        (a)     certify in writing in the instrument—

              (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 to revoke the enduring power of attorney; and

        (b)     state that the witness is not—

              (i)     an attorney under the power of attorney; or

              (ii)     a relative of the principal or 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, under section 46(b)(i) witnesses another person signing an instrument of revocation at the direction of the principal must—

        (a)     certify in writing in 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 to revoke the enduring power of attorney; and

        (b)     state that the witness is not—

              (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.

    (3)     A certification and statement under subsection (1) or (2) must be signed by the witness making it.


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