Western Australian Current Acts

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110Q .         Formal requirements

        (1)         An advance health directive is not valid unless —

            (a)         it is in the form or substantially in the form prescribed by the regulations; and

            (b)         the maker is encouraged to seek legal or medical advice; and

            (c)         it is signed by its maker or by another person in the presence of, and at the direction of, its maker; and

            (d)         the signature referred to in paragraph (c) 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 (3);


            (e)         it is signed by the witnesses in the presence of —

                  (i)         its maker; and

                  (ii)         the person who signed it at its maker’s direction (if applicable); and

                  (iii)         each other.

        (2)         Despite subsection (1)(b), the validity of an advance health directive is not affected by a failure to comply with subsection (1)(b).

        (3)         A witness referred to in subsection (1)(d)(ii)(II) must be a person —

            (a)         who has reached 18 years of age; and

            (b)         who is not —

                  (i)         the maker of the advance health directive; or

                  (ii)         the person who signed the directive at its maker’s direction (if applicable).

        [Section 110Q inserted: No. 25 of 2008 s. 11.]

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