New South Wales Consolidated Acts

GUARDIANSHIP ACT 1987 - SECT 6C

6C Method of appointment

(1) An instrument does not operate to appoint a person as an enduring guardian unless:

(a) it is in or to the effect of the form prescribed by the regulations, and

(b) it is signed:

(i) by the appointor, or

(ii) if the appointor instructs--by an eligible signer who signs for the appointor in the appointor's presence, and

(c) it is endorsed with the appointee's acceptance of the appointment, and

(d) the execution of the instrument by the appointor and appointee is witnessed by one or more eligible witnesses, and

(e) each witness certifies that the person or persons whose execution of the instrument is witnessed executed the instrument voluntarily in the presence of the witness and appeared to understand the effect of the instrument, and

(f) if the instrument is signed for the appointor by an eligible signer--the person who witnesses the signature certifies that the appointor, in the witness's presence, instructed the signer to sign the instrument for the appointor.

(2) Without limiting subsection (1) (b) (i), an instrument is signed by the appointor if the appointor affixes his or her mark to the instrument.

(3) If an eligible signer signs an instrument on behalf of an appointor as provided by subsection (1) (b) (ii), the appointor is taken to have signed the instrument for the purposes of this Act (including subsection (1) (e)).

(4) For the purposes of subsection (1) (d):

(a) the execution of the instrument by or for the appointor and by the appointee may be witnessed by the same person or by different persons, and

(b) the execution of the instrument by or for the appointor does not need to be witnessed at the same time and place as the execution of the instrument by the appointee.