Clause 16

For the purposes of paragraph 1(1)(c), if the Public Guardian has given prior approval under sub‑paragraph (3)(a) of the donor’s eligibility to have the donor’s execution of the instrument witnessed in accordance with this sub‑paragraph, the requirement that the donor execute an electronic instrument in the presence of a witness who is a person mentioned in paragraph 2(1)(e) may be met by the witness —

witnessing in Singapore the donor’s execution of the electronic instrument; and (b)attesting the execution on the same instrument, by using a method which includes live two‑way interactive audiovisual communications and which enables the witness to —

maintain visual contact and communicate with the donor throughout the process;

confirm the identity of the donor;

verify by a method of accessing the electronic instrument, the contents of the electronic instrument being signed, including the donor’s secure electronic signature after it is applied to the instrument;

attest (by using the witness’ secure electronic signature) the donor’s execution on the same instrument; and

fulfil any other prescribed requirement.(2) Where a donor wishes to have the donor’s execution of an electronic instrument witnessed in accordance with sub‑paragraph (1), the donor may apply to the Public Guardian for approval of the donor’s eligibility to do so.(3) Upon an application by the donor under sub‑paragraph (2), the Public Guardian may —

if the Public Guardian is satisfied that all the conditions in sub‑paragraph (4) are met at the time of the application — grant approval of the donor’s eligibility to have the donor’s execution of the instrument witnessed in accordance with sub‑paragraph (1); or

in any other case — notify the donor that approval of the donor’s eligibility is not granted.(4) The conditions mentioned in sub‑paragraph (3)(a) are that —

the donor is under 75 years of age;

the proposed donee (or, if there is more than one proposed donee, each of them) belongs to a category of persons whose relationship with the donor makes it likely that the person (if appointed as a donee) will act in the donor’s best interests, as set out in sub‑paragraph (5); and

none of the following risks pertaining to the execution is significant:

the risk that fraud or undue pressure is used to induce the donor to execute the instrument or to execute the instrument to appoint a particular person as the donor’s donee;

the risk that the donor lacks capacity to execute the instrument;

the risk that the proposed donee (or, if there is more than one proposed donee, any of them) will not act in the donor’s best interests.(5) Each of the following is a category of persons mentioned in sub‑paragraph (4)(b):

any family member of the donor;

any professional donee who provides the services of a donee to the donor, for remuneration.(6) To avoid doubt, other than the requirement in paragraph 1(1)(c) that the donor execute the instrument in the presence of a witness, this paragraph does not affect any other requirement that applies to the donor or the witness in relation to the execution of an instrument.(7) For the purposes of this paragraph, the witnessing of a donor’s execution of an electronic instrument takes place in Singapore only if all the following persons are in Singapore when the witnessing of the execution takes place:

the donor;

the witness.(8) In this paragraph, “family member”, in relation to a donor, means —

a spouse of the donor;

a child of the donor, including an adopted child and a step‑child;

a father or mother of the donor;

a father‑in‑law or mother‑in‑law of the donor;

a brother or sister of the donor; or

any other individual who is related by blood or marriage and who is living in the same household as the donor.”.