(1) A person is eligible to witness the making of a written declaration if the person is—
(a) aged 18 years or more; and
(b) not an ineligible witness.
(2) A person is an ineligible witness for the purposes of a written declaration if the person—
(a) knows or believes that the person—
(i) is a beneficiary under a will of the person making the declaration; or
(ii) may otherwise benefit financially or in any other material way from the death of the person making the declaration; or
(b) is an owner of, or is responsible for the day-to-day operation of, any health facility at which—
(i) the person making the declaration is being treated; or
(ii) the person making the declaration resides; or
(c) is directly involved in providing health services or professional care services to the person making the declaration.
(3) Not more than one witness may be a family member of the person making the written declaration.