Queensland Consolidated Acts

POWERS OF ATTORNEY ACT 1998

- As at 24 June 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