Powers of Attorney Act 1998 (Qld)

Powers of Attorney Act 1998

An Act consolidating, amending and reforming the law about general powers of attorney and enduring powers of attorney and providing for advance health directives, and for other purposes

Chapter 1 Preliminary

1 Short title This Act may be cited as the Powers of Attorney Act 1998.

2 Commencement This Act commences on a day to be fixed by proclamation.

3 Dictionary The dictionary in schedule 3 defines particular words used in this Act.

4 Act binds all persons This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

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 Note— The Property Law Act 1974, part 9 (Powers of attorney) was repealed by section 182.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).