Queensland Consolidated Acts

POWERS OF ATTORNEY ACT 1998 - SECT 29

29 Meaning of eligible attorney

(1) An
"eligible attorney" , for a matter under an enduring power of attorney, means—

(a) a person who—

(i) has capacity for the matter and is at least 18 years; and

(ii) is not, and has not been within the previous 3 years, a paid carer for the principal; and

Note—

See schedule 3 for the definition
"paid carer" .

(iii) is not a health provider for the principal; and

Note—

See schedule 3 for the definition
"health provider" .

(iv) is not a service provider for a residential service where the principal is a resident; and

(v) if the person would be given power for a financial matter—is not bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or

(b) for a financial matter only—

(i) the public trustee; or

(ii) a trustee company under the Trustee Companies Act 1968 ; or

(c) for a personal matter only—the public guardian.

(2) An
"eligible attorney" , for a matter under an advance health directive, means—

(a) a person who has capacity for the matter who is—

(i) at least 18 years; and

(ii) not a paid carer, or health provider, for the principal; and

Note—

See schedule 3 for the definitions
"paid carer" and
"health provider" .

(iii) not a service provider for a residential service where the principal is a resident; or

(b) the public guardian.