POWERS OF ATTORNEY ACT 1998

Queensland Consolidated Acts

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POWERS OF ATTORNEY ACT 1998

TABLE OF PROVISIONS

Long Title

Contents

CHAPTER 1--PRELIMINARY

1. Short title
2. Commencement
3. Dictionary
4. Act binds all persons
5. General overview
6. Scope of Act
6A. Relationship with Guardianship and Administration Act 2000

CHAPTER 2--POWERS OF ATTORNEY OTHER THAN ENDURING POWERS OF ATTORNEY

Part 1--Introduction

7. Application of ch 2
8. Powers of attorney
9. When attorney's power exercisable
10. Powers of attorney given as security

Part 2--Making a power of attorney other than an enduring power of attorney

11. Form of general power of attorney made under Act
12. Execution of powers of attorney
13. Appointment of 1 or more attorneys
14. Proof of power of attorney

Part 3--Revoking a power of attorney other than an enduring power of attorney

Division 1--Introduction

15. Relationship with other law

Division 2--Revocation by principal

16. Advice of revocation
17. Written revocation
18. Impaired capacity
19. Death

Division 3--Revocation according to terms

20. According to terms

Division 4--Revocation by attorney

21. Resignation
22. Impaired capacity
23. Bankruptcy or insolvency
24. Death

Part 4--Other provisions

25. Registration of powers of attorney and instruments revoking powers
26. Offence to dishonestly induce the making or revocation of power of attorney

CHAPTER 3--ENDURING DOCUMENTS

Part 1--Application and interpretation

27. Application of ch 3
28. Meaning of enduring document
29. Meaning of eligible attorney
30. Meaning of eligible signer
31. Meaning of eligible witness

Part 2--Enduring power of attorney provisions

32. Enduring powers of attorney
33. When attorney's power exercisable
34. Recognition of enduring power of attorney made in other States

Part 3--Advance health directive provisions

35. Advance health directives
36. Operation of advance health directive
37. Act does not authorise euthanasia or affect particular provisions of Criminal Code
38. Act's relationship with Mental Health Act
39. Common law not affected
40. Recognition of enduring health care document made in other States

Part 4--Making an enduring document

41. Principal's capacity to make an enduring power of attorney
42. Principal's capacity to make an advance health directive
43. Appointment of 1 or more eligible attorneys
44. Formal requirements
45. Proof of enduring document

Part 5--Revoking an enduring document

Division 1--Revocation by principal

46. Advice of revocation
47. Principal's capacity for written revocation of power of attorney
48. Principal's capacity for written revocation of advance health directive
49. Formal requirements for written revocation of enduring document
50. Later enduring document
51. Death
52. Marriage
53. Divorce

Division 2--Revocation according to terms

54. According to terms

Division 3--Revocation by attorney

55. Resignation
56. Impaired capacity
57. Bankruptcy or insolvency
58. Death
59. Paid carer or health provider
59AA. Service provider
59A. Effect of power ending

Part 6--Other provisions

60. Registration of powers of attorney and instruments revoking powers
61. Offence to dishonestly induce the making or revocation of enduring document

CHAPTER 4--STATUTORY HEALTH ATTORNEYS

62. Statutory health attorney
63. Who is the statutory health attorney

CHAPTER 5--EXERCISING POWER FOR A PRINCIPAL

Part 1--Provisions applying to attorneys

65. Application of pt 1
66. Act honestly and with reasonable diligence
67. Subject to terms of document
69. Execution of instrument etc.
70. Subject to guardian or administrator
71. Not exercise revoked power
72. Resignation of attorney
73. Avoid conflict transaction
74. Protected use of confidential information
74A. Prohibited use of confidential information

Part 2--Provisions applying to attorneys under enduring documents and statutory health attorneys

75. Application of pt 2
76. General principles for adults with impaired capacity
77. Attorney has maximum power if not otherwise stated
78. Multiple attorneys are joint if not otherwise stated
79. Consult with principal's other appointees or attorneys
80. Act together with joint attorneys
81. Right of attorney to information
82. Resignation of attorney while principal has impaired capacity

Part 3--Provisions about financial matters

83. Application
84. Power to invest
85. Keep records
86. Keep property separate
87. Presumption of undue influence
88. Gifts
89. Maintain principal's dependants

Part 5--Protection and relief from liability

96. Interpretation
97. Protection if court advice, directions or recommendations
98. Protection for attorney if unaware of invalidity
99. Protection for person dealing with attorney and next person if unaware of invalidity
100. Additional protection if unaware of invalidity in health context
101. No less protection than if adult gave health consent
102. Protection of health provider unaware of advance health directive
103. Protection of health provider for non-compliance with advance health directive
104. Protection for person carrying out forensic examination with consent
105. Relief from personal liability

Part 6--Compensation

106. Compensation for failure to comply
107. Power to apply to court for compensation for loss of benefit in estate

CHAPTER 6--SUPREME COURT

Part 1--General

108. Powers extend to powers of attorney made otherwise than under this Act
109. Inherent jurisdiction and litigation guardian process not affected
109A. Guardianship and Administration Tribunal also has jurisdiction and powers about enduring documents

Part 2--Court's powers

110. Application and participation
111. Determination of capacity
112. Effect of declaration about capacity to enter contract
113. Declaration about validity
114. Effect of invalidity
115. Declaration about commencement of power
116. Order removing attorney or changing or revoking document
117. Changed circumstances as basis for change or revocation
118. Advice, directions and recommendations etc.
120. Court may proceed without all relevant material
121. Report by adult guardian or public trustee
122. Records and audit
123. Court may dismiss frivolous etc. applications
124. Written reasons for decision
125. Costs

CHAPTER 8--OTHER

161. Chief executive may approve forms
162. Regulation-making power

CHAPTER 9--TRANSITIONAL PROVISIONS

Part 1--Transitional provision for Act No. 22 of 1998

163. Powers of attorney under Property Law Act 1974

Part 2--Transitional provision for Guardianship and Administration Act 2000

164. Subject to committee or manager

Part 3--Transitional provisions for Guardianship and Administration and Other Acts Amendment Act 2001

165. References to special life-sustaining measures
166. Power for health matters excludes power for withholding or withdrawal of life-sustaining measure
SCHEDULE 1 PRINCIPLES

Part 1--General principles
1. Presumption of capacity
2. Same human rights
3. Individual value
4. Valued role as member of society
5. Participation in community life
6. Encouragement of self-reliance
7. Maximum participation, minimal limitations and substituted judgment
8. Maintenance of existing supportive relationships
9. Maintenance of environment and values
10. Appropriate to circumstances
11. Confidentiality

Part 2--Health care principle
12. Health care principle
SCHEDULE 2 TYPES OF MATTERS

Part 1--Financial matter
1. Financial matter

Part 2--Personal matter
2. Personal matter
3. Special personal matter
4. Health matter
5. Health care
5A. Life-sustaining measure
5B. Good medical practice
6. Special health matter
7. Special health care
8. Removal of tissue for donation
9. Sterilisation
10. Termination
11. Primary reason for treatment
12. Special medical research or experimental health care
13. Approved clinical research
14. Electroconvulsive therapy
15. Psychosurgery
17. Prescribed special health care

Part 3--Legal matter
18. Legal matter
SCHEDULE 3 DICTIONARY
Endnotes

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