GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 110Q
GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 110Q
110Q . Formal requirements
(1) An advance health
directive is not valid unless —
(a) it
is in the form or substantially in the form prescribed by the regulations; and
(b) the
maker is encouraged to seek legal or medical advice; and
(c) it
is signed by its maker or by another person in the presence of, and at the
direction of, its maker; and
(d) the
signature referred to in paragraph (c) is witnessed by 2 persons —
(i)
both of whom are authorised by law to take declarations;
or
(ii)
of whom —
(I) one is authorised by law to take
declarations; and
(II) the other has the
qualifications specified in subsection (3);
and
(e) it
is signed by the witnesses in the presence of —
(i)
its maker; and
(ii)
the person who signed it at its maker’s direction
(if applicable); and
(iii)
each other.
(2) Despite subsection
(1)(b), the validity of an advance health directive is not affected by a
failure to comply with subsection (1)(b).
(3) A witness referred
to in subsection (1)(d)(ii)(II) must be a person —
(a) who
has reached 18 years of age; and
(b) who
is not —
(i)
the maker of the advance health directive; or
(ii)
the person who signed the directive at its maker’s
direction (if applicable).
[Section 110Q inserted: No. 25 of 2008 s. 11.]