s.11Form of directive
11
Section 11Part 3 — ADVANCE HEALTH CARE DIRECTIVES

Form of directive

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A directive shall be made by —
completion of the relevant parts of the form in the Schedule and following the instructions contained in the form (either by or on behalf of the directive-maker);
the directive-maker signing the form personally in the presence of two adult witnesses; and
both witnesses signing it.
A witness shall not be a person who has been appointed as a proxy under the directive.
At least one of the witnesses shall be a doctor witnessing in that capacity after having complied with section 12.
The witnessing doctor shall be chosen by the directive-maker.
A directive shall have no effect if, when the directive-maker signed the directive, either of the witnesses to the directive knew, or ought reasonably to have known, that that witness was a beneficiary of the directive-maker.
Where a witness to a directive, or that witness' spouse is a beneficiary of any beneficial devise, legacy, estate, interest, gift or appointment of or affecting any real or personal estate (other than and except charges and directions for the payment of any debt or debts), that devise, legacy, estate, interest, gift or appointment shall be null and void.
In this section, "beneficiary", of a directive-maker, means someone who —
might benefit under the directive-maker's will or estate in intestacy or an insurance policy under which a life insured is, or includes, the directive-maker; or
has an interest granted under an instrument under which the directive-maker is the donor, grantor or settlor.

Defined Terms

beneficiary

Cross References