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Who can be a witness for a Representation Agreement? Can a monitor be a witness? – 2

Who can be a witness in the self-help approach?

If you use a self-help approach, the Nidus Representation Agreement forms include detailed instructions for signing and witnessing—two witnesses are required. They must be present to watch the adult sign the Agreement and they must watch each other sign. Many people use friends, neighbours or extended family members as witnesses. The two witnesses can be spouses or a couple.

Each witness must meet all of the following requirements:

  • I am 19 years old at the time the adult signs the Agreement;
  • I am not a representative or alternate representative named in the Agreement;
  • I am not the spouse (legally married or living in a marriage-like relationship) of a representative or alternate representative;*
  • I am not the child (by birth or adoption) of a representative or alternate representative;*
  • I am not the parent (by birth or adoption) of a representative or alternate representative;*
  • I am not the employee or agent of a representative or alternate representative (does not apply if the representative or alternate is a lawyer, member in good standing of the Society of Notaries Public, the Public Guardian and Trustee, or a Trust Company or Credit Union);
  • I understand the type of communication used by the adult or if I do not, I have received interpretive assistance to understand their type of communication;
  • For a Representation Agreement under Section 7, the witnesses must sign aCertificate of Witnesses (Form 4 – Parts 1 & 2) that also states:
    • I have read and understand section 30 of the Representation Agreement Act and have no reason to make an objection as described in that section.

* (does not apply to an employee or agent of the Public Guardian and Trustee or a Trust Company or Credit Union)

Can a monitor named in a Representation Agreement also be a witness?

To see if the person named as a monitor can also be a witness, go through the checklist above to be sure the person meets all the qualifications.

DON’T FORGET TO REGISTER YOUR COMPLETED DOCUMENTS!

Now that you have made your documents, use the Personal Planning Registry to keep them safe and accessible for when you need them most. You can create an account yourself or your lawyer or notary public can register them on your behalf as a Registration Agent.

The Personal Planning Registry is for a variety of documents that are important and useful to you. It is not only for documents provided by Nidus.


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