New South Wales Consolidated Acts

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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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