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GUARDIANSHIP ACT 1987 - SECT 6H
Revocation of appointment by appointor
6H Revocation of appointment by appointor
(1) A person who has appointed an enduring guardian may, by instrument in
writing, revoke the appointment.
(2) An instrument does not operate to revoke
the appointment of an enduring guardian unless: (a) at the time of executing
the instrument, the appointor had the legal capacity to revoke the
appointment, and
(b) the instrument is in or to the effect of the form
prescribed by the regulations, and
(c) the instrument 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
(c1) the execution
of the instrument is witnessed by an eligible witness, and
(c2) the eligible
witness certifies that the appointor executed the instrument voluntarily in
the presence of the witness and appeared to understand the effect of the
instrument, and
(c3) if the instrument is signed for the appointor by an
eligible signer--the eligible witness certifies that the appointor, in the
witness's presence, instructed the signer to sign the instrument for the
appointor, and
(d) written notice of the revocation is given to the
appointee.
(3) Without limiting subsection (2) (c) (i), an instrument is
signed by the appointor if the appointor affixes his or her mark to the
instrument.
(4) If an eligible signer signs an instrument on behalf of an
appointor as provided by subsection (2) (c) (ii), the appointor is taken to
have signed the instrument for the purposes of this Act (including subsection
(2) (c2)).
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