POWERS OF ATTORNEY ACT 1998 - As at 1 February 2024 - Act 22 of 1998
- As at 1 February 2024
- Act 22 of 1998
Table of Provisions
CHAPTER 1 - PRELIMINARY
CHAPTER 1A - PRINCIPLES
CHAPTER 2 - POWERS OF ATTORNEY OTHER THAN ENDURING POWERS OF ATTORNEY
PART 1 - INTRODUCTION
PART 2 - MAKING A POWER OF ATTORNEY OTHER THAN AN ENDURING 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
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
PART 2 - ENDURING POWER OF ATTORNEY PROVISIONS
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
- 37A Act’s relationship with Forensic Disability Act
- 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
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
- 52A Civil partnership
- 53 Divorce
- 53A Termination of civil partnership
Division 2 - Revocation 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
- 61A Application of ss 61B–61D
- 61B Effect on beneficiary’s interest if property dealt with by attorney
- 61C Attorney not required to keep proceeds and property separate
- 61D Application to court to confirm or vary operation of s 61B
CHAPTER 4 - STATUTORY HEALTH ATTORNEYS
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
68. (Repealed)
- 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
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 and donations
- 89 Maintain principal’s dependants
PART 4 - (Repealed)
PART 5 - PROTECTION AND RELIEF FROM LIABILITY
- 96 Definitions for part
- 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 and accounting for profits 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 Queensland Civil and Administrative Tribunal also has jurisdiction and powers about enduring documents
PART 2 - COURT’S POWERS
- 110 Application and participation
- 111 Determination of capacity
- 111A Application of presumption 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.
119. (Repealed)
- 120 Court may proceed without all relevant material
- 121 Report by public guardian or public trustee
- 122 Records and audit
- 123 Court may dismiss frivolous etc. applications
- 124 Written reasons for decision
- 125 Costs
CHAPTER 7 - (Repealed)
CHAPTER 8 - OTHER
- 159 Voluntary assisted dying
- 160 Delegation of public trustee’s powers under this Act
- 161 Chief executive may approve forms
- 162 Regulation-making power
CHAPTER 9 - TRANSITIONAL PROVISIONS
PART 1 - TRANSITIONAL PROVISION FOR ACT NO. 22 OF 1998
- 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
PART 5 - TRANSITIONAL PROVISIONS FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2021