Queensland Consolidated Acts

POWERS OF ATTORNEY ACT 1998 - SECT 31

31 Meaning of eligible witness

(1) An
"eligible witness" , for a document, is a person who—

(a) except for a document revoking an advance health directive—is a justice, commissioner for declarations, notary public or lawyer; and

Note—

"justice" means a justice of the peace—see the Acts Interpretation Act 1954 , schedule 1 .

"lawyer" means an Australian lawyer within the meaning of the Legal Profession Act 2007 —see the Acts Interpretation Act 1954 , schedule 1 .

(b) is not the person signing the document for the principal; and

(c) is not an attorney of the principal; and

(d) is not a relation of the principal or a relation of an attorney of the principal; and

(e) if the document gives power for a personal matter—is not a paid carer or health provider of the principal; and

(f) for an advance health directive—is not a beneficiary under the principal’s will.

(2) To avoid any doubt, it is declared that a person is not excluded from being an eligible witness merely because the person is an attorney’s employee who is the witness for the document while acting in the ordinary course of employment.

(3) In this section—

"attorney" , for a document, means—

(a) a person who is an attorney of the principal whether under the document or otherwise; or

(b) if the document is all or part of an enduring document—a person who will be an attorney of the principal under the enduring document.