Victorian Numbered Acts

POWERS OF ATTORNEY ACT 2014 (NO. 57 OF 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

        (b)     one person must be a person who is authorised by law to witness the signing of a statutory declaration; and

        (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.