POWERS OF ATTORNEY ACT 1998 - As at 1 February 2024 - Act 22 of 1998
POWERS OF ATTORNEY ACT 1998
- As at 1 February 2024
- Act 22 of 1998
TABLE OF PROVISIONS
Long Title
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
6B. Relationship with Public Guardian Act 2014
CHAPTER 1A - PRINCIPLES
6C. General principles
6D. Health care principles
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 3A - GENERAL POWERS OF ATTORNEY FOR BUSINESSES
24A. Definitions for part
24B. What is a counterpart for a document
24C. Application of part
24D. Relationship with other laws
24E. No sealing required
24F. General power of attorney may be in form of electronic document and electronically signed
24G. Accepted method for electronically signing general power of attorney
24H. Execution by corporation
24I. Execution by partnership or unincorporated association
24J. Requirement for signatory
24K. Signing counterpart or true copy
24L. Lodgement or deposit of general power of attorney in registry
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 jurisdictions
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
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
52A. Civil partnership
53. Divorce
53A. Termination of civil partnership
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
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
62. Statutory health attorney
63. Who is the statutory health attorney
64. (Repealed)
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
75. Application of pt 2
76. (Repealed)
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 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
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
PART 4 - TRANSITIONAL AND VALIDATION PROVISIONS FOR GUARDIANSHIP AND ADMINISTRATION AND OTHER LEGISLATION AMENDMENT ACT 2019
167. Definitions for part
168. Existing appointment—eligible attorney (enduring power of attorney)
169. Existing appointment—eligible attorney (advance health directive)
170. Existing appointment—more than 4 joint attorneys (enduring power of attorney)
171. Existing certified copy of enduring document
172. Application of ss 61A–61D
173. Validation of delegation
174. Enduring documents started
175. Existing proceedings
PART 5 - TRANSITIONAL PROVISIONS FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2021
176. Definitions for part
177. Repealed regulation continues to apply to general power of attorney in particular circumstances
178. Signing general power of attorney for corporation
179. Repealed regulation continues to apply to particular general power of attorney
180. Certificate signed by nurse practitioner that is included in advance health directive
Schedule 1 (Repealed)
SCHEDULE 2
SCHEDULE 3
