Answer to Question #6

A client brings their elderly parent, who appears frail, to make a statutory declaration. The parent shows photo identification and signs the declaration in front of you. However, she struggles to verbally confirm the truth of the declaration, but nods in agreement when asked if the contents are true. Is this acceptable?

1. Accept the nod as confirmation, as the parent clearly understands the process.
2. Proceed with the declaration, but make a note in the attestation clause about the parent’s difficulty speaking.
3. Request the parent write ‘yes’ or ‘I do’ on the document to provide a clear record of their consent.
4. Refuse to take the declaration, as a verbal response is essential for validity.

Rationale: While the Ministerial Manual encourages clear verbal declarations, it recognizes that (p47) “In special circumstances, such as the client being non-verbal, a physical response may be appropriate”. Option b) is acceptable as the client has signed in front of you and clearly understands what is happening. Document that a verbal response was not possible and the client nodded assent. (Note that a Statutory Declaration requires both a signature and an assent which is usually verbal)