Queensland Consolidated Acts

POWERS OF ATTORNEY ACT 1998 - SECT 110

110 Application and participation

(1) An application may be made to the court for a declaration, order, direction, recommendation or advice about something in, or related to, this Act.

(2) The application may be by the principal concerned or another interested person unless this Act states otherwise.

(3) Each of the following persons may apply to the court for it to do something under this chapter about a power of attorney, enduring power of attorney or advance health directive, or the exercise of an attorney’s power—

(a) the principal;

(b) a member of the principal’s family;

(c) an attorney;

(d) the public guardian or public trustee;

(e) if the document is an advance health directive or the application involves power for a health matter—the public guardian or a health provider of the principal;

(f) an interested person.

(4) A person joined as a party to a proceeding under this Act or a person the court considers an interested person may participate in the proceeding.

(5) In this section—

"family" , of a principal, consists of the following members—

(a) the principal’s spouse;

(b) each of the principal’s children who is 18 years or more (including a stepchild, an adopted child, and a person for whom the principal was foster-parent or guardian when the person was a child);

(c) each of the principal’s parents (including a step-parent, adoptive parent, foster-parent and guardian);

(d) if there is no person mentioned in paragraph (a) , (b) or (c) who is reasonably available—each of the principal’s siblings who is 18 years or more (including a step-sibling, adopted sibling, and foster-sibling).