Queensland Consolidated Acts

POWERS OF ATTORNEY ACT 1998 - SECT 5

5 General overview

(1) An
"attorney" is a person who is authorised to make particular decisions and do particular other things for another person (the
"principal" ).

(2) After the commencement of this Act, principals may authorise attorneys by—

(a) general powers of attorney, enduring powers of attorney or advance health directives; or

(b) powers of attorney under the common law.

(3) In addition to replacing the statutory provisions for powers of attorney and enduring powers of attorney, this Act introduces advance health directives and statutory health attorneys.

Note—

The Property Law Act 1974 , part 9 (Powers of attorney) was repealed by section 182 .
However, see section 163 (Powers of attorney under Property Law Act 1974) for a transitional provision.

(4) An advance health directive is a document containing directions for a principal’s future health care and special health care and may authorise an attorney to do particular things for the principal in relation to health care.

Note—

Advance health directives are dealt with in chapter 3 .

(5) A statutory health attorney is the person authorised by this Act to do particular things for a principal in particular circumstances in relation to health care.

Note—

See section 62 (Statutory health attorney).
Also, see the Guardianship and Administration Act 2000 , section 66 (5) (Adult with impaired capacity—order of priority in dealing with health matter).