1In this Act,

"nearest relative" means, with respect to a donor,

(a) the adult person who is related to the donor, mentally competent and first listed in the following series:

(i)spouse,

(ii)child,

(iii)grandchild,

(iv)great-grandchild,

(v)sibling,

(vi)niece or nephew, or

(b) where no person qualifies under clause (a), the Public Trustee;

"spouse", with respect to a donor or attorney, includes a person who is publicly represented by the donor or attorney as his or her spouse;

1In this Act,

"common-law partner" means a person who, not being married to the other person, cohabits with him or her in a conjugal relationship;

"nearest relative" means, with respect to a donor,

(a) the adult person who is related to the donor, mentally competent and first listed in the following series:

(i)spouse or common-law partner,

(ii)child,

(iii)grandchild,

(iv)great-grandchild,

(v)sibling,

(vi)niece or nephew, or

(b) where no person qualifies under clause (a), the Public Trustee;

"spouse", with respect to a donor or attorney, includes a person who is publicly represented by the donor or attorney as his or her spouse;

10(2) Despite clause (1)(b), where a donor is incapable of reading or signing an enduring power of attorney, an individual other than the attorney or the attorney's spouse may sign the power of attorney on the donor's behalf in the presence and at the direction of the donor, in which case

(a) the donor shall acknowledge the signature in the presence of an individual who is qualified under section 11 to be a witness; and

(b) the witness shall sign the enduring power of attorney in the presence of the donor.

10(2) Despite clause (1)(b), where a donor is incapable of reading or signing an enduring power of attorney, an individual other than the attorney or the attorney's spouse or common-law partner may sign the power of attorney on the donor's behalf in the presence and at the direction of the donor, in which case

(a) the donor shall acknowledge the signature in the presence of an individual who is qualified under section 11 to be a witness; and

(b) the witness shall sign the enduring power of attorney in the presence of the donor.

11(2) The attorney appointed under the enduring power of attorney and his or her spouse may not act as witness to the donor's signature.

11(2) The attorney appointed under the enduring power of attorney and his or her spouse or common-law partner may not act as witness to the donor's signature.