Western Australian Current Acts Western Australian Current Acts (1) An enduring power
of guardianship is not valid unless —
(a) it
is in the form or substantially in the form prescribed by the regulations; and
(b) it
is signed by the appointor or by another person in the presence of, and at the
direction of, the appointor; and
(c) the
signature referred to in paragraph (b) 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 (2);
and
(d) it
is signed by the witnesses referred to in paragraph (c) in the presence of
—
(i)
the appointor; and
(ii)
the person who signed it at the appointor’s
direction (if applicable); and
(iii)
each other;
and
(e) it
is signed by each person being appointed as an enduring guardian or substitute
enduring guardian (an appointee ) to indicate the appointee’s acceptance
of the appointment; and
(f) the
signature of the appointee 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 (2);
and
(g) it
is signed by the witnesses referred to in paragraph (f) in the presence of the
appointee and each other.
(2) A witness referred
to in subsection (1)(c)(ii)(II) or (f)(ii)(II) must be a person —
(a) who
has reached 18 years of age; and
(b) who
is not —
(i)
the appointor; or
(ii)
the person who signed the enduring power of guardianship
at the appointor’s direction (if applicable); or
(iii)
an appointee.
[Section 110E inserted: No. 25 of 2008 s. 11.]
[Heading inserted: No. 25 of 2008 s. 11.]