Queensland Numbered Acts

GUARDIANSHIP AND ADMINISTRATION AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 62

62 Amendment of s 41 (Principal’s capacity to make an enduring power of attorney)

(1) Section 41 (1) —
omit, insert —

(1) A principal has capacity to make an enduring power of attorney only if the principal—

(a) is capable of making the enduring power of attorney freely and voluntarily; and

(b) understands the nature and effect of the enduring power of attorney.

Note—

Under the general principles, an adult is presumed to have capacity. See section 6C, general principle 1.

(2) Section 41 —
insert —

(3) For this section, schedule 3, definition
"capacity" does not apply.