(1a) A person who has
reached 18 years of age and has full legal capacity may create an enduring
power of attorney.
(1) An enduring power
of attorney may be created by instrument —
is in the form or substantially in the form of Form 1 in Schedule 3; and
which the donor of the power declares that the power either —
will continue in force notwithstanding his subsequent
legal incapacity; or
will be in force only during any period when a
declaration by the State Administrative Tribunal under section 106 that the
donor does not have legal capacity is in force.
(2) An instrument is
not effective to create an enduring power of attorney unless —
there are 2 attesting witnesses to the instrument —
both of whom are authorised by law to take declarations;
of whom —
(I) one is authorised by law to take
(II) the other has the
qualifications specified in subsection (3);
instrument has endorsed on it, or annexed to it, a statement of acceptance in
the form, or substantially in the form, of Form 2 in Schedule 3 executed by
the person or persons appointed to be the donee of the
where applicable, the person or persons appointed to be
the substitute donee of the power.
(3) A witness referred
to in subsection (2)(a)(ii)(II) must be a person —
has reached 18 years of age; and
is not a person appointed to be a donee or substitute donee of the power.
[Section 104 amended: No. 70 of 2000 s. 13; No. 55
of 2004 s. 466(1); No. 25 of 2008 s. 9.]