Queensland Consolidated Acts

POWERS OF ATTORNEY ACT 1998 - SECT 35

35 Advance health directives

(1) By an
"advance health directive" , an adult principal may—

(a) give directions, about health matters and special health matters, for his or her future health care; and

(b) give information about his or her directions; and

(c) appoint 1 or more persons who are eligible attorneys to exercise power for a health matter for the principal in the event the directions prove inadequate; and

Note—

Note this does not include a special health matter.

(d) provide terms or information about exercising the power.

(2) Without limiting subsection (1) , by an advance health directive the principal may give a direction—

(a) consenting, in the circumstances specified, to particular future health care of the principal when necessary and despite objection by the principal when the health care is provided; and

(b) requiring, in the circumstances specified, a life-sustaining measure to be withheld or withdrawn; and

(c) authorising an attorney to physically restrain, move or manage the principal, or have the principal physically restrained, moved or managed, for the purpose of health care when necessary and despite objection by the principal when the restraint, movement or management is provided.

(3) A direction in an advance health directive has priority over a general or specific power for health matters given to any attorney.

(4) An advance health directive is not revoked by the principal becoming a person with impaired capacity.

(5) To remove any doubt, it is declared that an advance health directive may be made by an adult principal who is outside the State.