{"id":"qld:act-1998-022","name":"Powers of Attorney Act 1998","slug":"powers-of-attorney-act-1998","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"22 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104670,"registerId":"qld-act-1998-022-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.7","sectionType":"section","heading":"Application of ch 2","content":"### sec.7 Application of ch 2\n\nThis chapter does not apply to enduring powers of attorney.\nExcept where otherwise provided, this chapter applies to all other powers of attorney made, whether under this Act or otherwise, after the commencement of this Act.\ns 7 amd 2023 No. 27 s 289 sch 3\n(sec.7-ssec.1) This chapter does not apply to enduring powers of attorney.\n(sec.7-ssec.2) Except where otherwise provided, this chapter applies to all other powers of attorney made, whether under this Act or otherwise, after the commencement of this Act.","sortOrder":1},{"sectionNumber":"sec.8","sectionType":"section","heading":"Powers of attorney","content":"### sec.8 Powers of attorney\n\nBy a general power of attorney made under this Act , a person ( principal ) may—\nauthorise 1 or more other persons ( attorneys ) to do for the principal anything (other than exercise power for a personal matter) that the principal can lawfully do by an attorney; and\nOnly an attorney under an enduring power of attorney may exercise power for a personal matter for a principal.\nprovide terms or information about exercising the power.\n- (a) authorise 1 or more other persons ( attorneys ) to do for the principal anything (other than exercise power for a personal matter) that the principal can lawfully do by an attorney; and Note— Only an attorney under an enduring power of attorney may exercise power for a personal matter for a principal.\n- (b) provide terms or information about exercising the power.","sortOrder":2},{"sectionNumber":"sec.9","sectionType":"section","heading":"When attorney’s power exercisable","content":"### sec.9 When attorney’s power exercisable\n\nA principal may specify in a power of attorney a time when, circumstance in which, or occasion on which, the power is exercisable.\nHowever, if the power of attorney does not specify a time when, circumstance in which, or occasion on which, the power is exercisable, the power becomes exercisable once the power of attorney is made.\n(sec.9-ssec.1) A principal may specify in a power of attorney a time when, circumstance in which, or occasion on which, the power is exercisable.\n(sec.9-ssec.2) However, if the power of attorney does not specify a time when, circumstance in which, or occasion on which, the power is exercisable, the power becomes exercisable once the power of attorney is made.","sortOrder":3},{"sectionNumber":"sec.10","sectionType":"section","heading":"Powers of attorney given as security","content":"### sec.10 Powers of attorney given as security\n\nA power of attorney given as security is a power of attorney (other than an enduring power of attorney)—\nwhether made under this Act or otherwise and whether made before or after the commencement of this Act; and\ngiven by a principal as security for a proprietary interest of the attorney or the performance of an obligation owed to the attorney; and\nthat states it is irrevocable.\nDespite chapter 2 , part 3 , a power of attorney given as security is incapable of revocation except with the consent of the attorney while—\nthe attorney has the proprietary interest, or persons deriving title to the interest under the attorney have the proprietary interest, secured by the power of attorney; or\nthe obligation, the performance of which is secured by the power of attorney, remains undischarged.\nAlso, revocation by attorney provisions dealing with revocation because of impaired capacity, bankruptcy or insolvency or death of an attorney ( sections 22 to 24 ) do not apply to powers of attorney given as security.\nA power of attorney given as security for a proprietary interest may be given to—\nthe person entitled to the interest and the persons deriving title under the person to the interest; or\na representative of a person mentioned in paragraph (a) who may be a specified officer, or the holder of a specified office, by reference to the title of the office concerned.\noffice includes position—see the Acts Interpretation Act 1954 , schedule 1 .\nThe persons deriving title are taken to be attorneys of the power of attorney for all purposes.\nSubsection (4) does not affect a right in the power of attorney to appoint substitute attorneys.\nThe power of a registered proprietor under the Land Title Act 1994 to revoke a power of attorney is subject to this section.\n(sec.10-ssec.1) A power of attorney given as security is a power of attorney (other than an enduring power of attorney)— whether made under this Act or otherwise and whether made before or after the commencement of this Act; and given by a principal as security for a proprietary interest of the attorney or the performance of an obligation owed to the attorney; and that states it is irrevocable.\n(sec.10-ssec.2) Despite chapter 2 , part 3 , a power of attorney given as security is incapable of revocation except with the consent of the attorney while— the attorney has the proprietary interest, or persons deriving title to the interest under the attorney have the proprietary interest, secured by the power of attorney; or the obligation, the performance of which is secured by the power of attorney, remains undischarged. Also, revocation by attorney provisions dealing with revocation because of impaired capacity, bankruptcy or insolvency or death of an attorney ( sections 22 to 24 ) do not apply to powers of attorney given as security.\n(sec.10-ssec.3) A power of attorney given as security for a proprietary interest may be given to— the person entitled to the interest and the persons deriving title under the person to the interest; or a representative of a person mentioned in paragraph (a) who may be a specified officer, or the holder of a specified office, by reference to the title of the office concerned. office includes position—see the Acts Interpretation Act 1954 , schedule 1 .\n(sec.10-ssec.4) The persons deriving title are taken to be attorneys of the power of attorney for all purposes.\n(sec.10-ssec.5) Subsection (4) does not affect a right in the power of attorney to appoint substitute attorneys.\n(sec.10-ssec.6) The power of a registered proprietor under the Land Title Act 1994 to revoke a power of attorney is subject to this section.\n- (a) whether made under this Act or otherwise and whether made before or after the commencement of this Act; and\n- (b) given by a principal as security for a proprietary interest of the attorney or the performance of an obligation owed to the attorney; and\n- (c) that states it is irrevocable.\n- (a) the attorney has the proprietary interest, or persons deriving title to the interest under the attorney have the proprietary interest, secured by the power of attorney; or\n- (b) the obligation, the performance of which is secured by the power of attorney, remains undischarged. Note— Also, revocation by attorney provisions dealing with revocation because of impaired capacity, bankruptcy or insolvency or death of an attorney ( sections 22 to 24 ) do not apply to powers of attorney given as security.\n- (a) the person entitled to the interest and the persons deriving title under the person to the interest; or\n- (b) a representative of a person mentioned in paragraph (a) who may be a specified officer, or the holder of a specified office, by reference to the title of the office concerned. Note— office includes position—see the Acts Interpretation Act 1954 , schedule 1 .","sortOrder":4},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Making a power of attorney other than an enduring power of attorney","content":"# Making a power of attorney other than an enduring power of attorney","sortOrder":5},{"sectionNumber":"sec.11","sectionType":"section","heading":"Form of general power of attorney made under Act","content":"### sec.11 Form of general power of attorney made under Act\n\nA general power of attorney made under this Act must be in the approved form.\nAn approved form is a form approved by the chief executive under section 161 — schedule 3 (Dictionary). Strict compliance with the form is not necessary and substantial compliance is sufficient— Acts Interpretation Act 1954 , section 48A (Compliance with forms).","sortOrder":6},{"sectionNumber":"sec.12","sectionType":"section","heading":"Execution of powers of attorney","content":"### sec.12 Execution of powers of attorney\n\nThis section does not apply to a power of attorney created by and contained in another instrument, for example, a mortgage or lease, that is signed by, or by direction of, the principal.\nSee the Property Law Act 2023 , part 6 , division 1 in relation to a document containing a power of attorney that takes effect as a deed.\nSee the Property Law Act 2023 , section 47 in relation to a power of attorney given by an individual under a deed.\nAn instrument creating a power of attorney must be signed by, or by direction and in the presence of, the principal.\nSee also part 3A .\nThis section does not affect—\na requirement in or having effect under another Act about witnessing of instruments creating powers of attorney; or\nthe rules about the execution of instruments by corporations.\ns 12 amd 2021 No. 23 s 45 ; 2023 No. 27 s 289 sch 3\n(sec.12-ssec.1) This section does not apply to a power of attorney created by and contained in another instrument, for example, a mortgage or lease, that is signed by, or by direction of, the principal. See the Property Law Act 2023 , part 6 , division 1 in relation to a document containing a power of attorney that takes effect as a deed. See the Property Law Act 2023 , section 47 in relation to a power of attorney given by an individual under a deed.\n(sec.12-ssec.2) An instrument creating a power of attorney must be signed by, or by direction and in the presence of, the principal. See also part 3A .\n(sec.12-ssec.3) This section does not affect— a requirement in or having effect under another Act about witnessing of instruments creating powers of attorney; or the rules about the execution of instruments by corporations.\n- 1 See the Property Law Act 2023 , part 6 , division 1 in relation to a document containing a power of attorney that takes effect as a deed.\n- 2 See the Property Law Act 2023 , section 47 in relation to a power of attorney given by an individual under a deed.\n- (a) a requirement in or having effect under another Act about witnessing of instruments creating powers of attorney; or\n- (b) the rules about the execution of instruments by corporations.","sortOrder":7},{"sectionNumber":"sec.13","sectionType":"section","heading":"Appointment of 1 or more attorneys","content":"### sec.13 Appointment of 1 or more attorneys\n\nBy a general power of attorney made under this Act, a principal may—\nappoint 1 attorney, or more than 1 attorney, being joint or several, or joint and several, attorneys; and\nappoint as attorney—\na person by name; or\na specified officer, or the holder of a specified office, by reference to the title of the office concerned.\noffice includes position—see the Acts Interpretation Act 1954 , schedule 1 .\nIf a specified officer or the holder of a specified office is appointed as an attorney—\nthe appointment does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the appointment was made ceases to be the officer or the holder of the office; and\nthe power may be exercised by the person for the time being occupying or acting in the office concerned.\n(sec.13-ssec.1) By a general power of attorney made under this Act, a principal may— appoint 1 attorney, or more than 1 attorney, being joint or several, or joint and several, attorneys; and appoint as attorney— a person by name; or a specified officer, or the holder of a specified office, by reference to the title of the office concerned. office includes position—see the Acts Interpretation Act 1954 , schedule 1 .\n(sec.13-ssec.2) If a specified officer or the holder of a specified office is appointed as an attorney— the appointment does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the appointment was made ceases to be the officer or the holder of the office; and the power may be exercised by the person for the time being occupying or acting in the office concerned.\n- (a) appoint 1 attorney, or more than 1 attorney, being joint or several, or joint and several, attorneys; and\n- (b) appoint as attorney— (i) a person by name; or (ii) a specified officer, or the holder of a specified office, by reference to the title of the office concerned. Note— office includes position—see the Acts Interpretation Act 1954 , schedule 1 .\n- (i) a person by name; or\n- (ii) a specified officer, or the holder of a specified office, by reference to the title of the office concerned. Note— office includes position—see the Acts Interpretation Act 1954 , schedule 1 .\n- (i) a person by name; or\n- (ii) a specified officer, or the holder of a specified office, by reference to the title of the office concerned. Note— office includes position—see the Acts Interpretation Act 1954 , schedule 1 .\n- (a) the appointment does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the appointment was made ceases to be the officer or the holder of the office; and\n- (b) the power may be exercised by the person for the time being occupying or acting in the office concerned.","sortOrder":8},{"sectionNumber":"sec.14","sectionType":"section","heading":"Proof of power of attorney","content":"### sec.14 Proof of power of attorney\n\nA power of attorney may be proved by a copy of the power of attorney certified under this section.\nEach page, other than the last page, of the copy must be certified to the effect that the copy is a true and complete copy of the corresponding page of the original.\nThe last page of the copy must be certified to the effect that the copy is a true and complete copy of the original.\nCertification must be by 1 of the following persons—\nthe principal;\na justice;\njustice means a justice of the peace—see the Acts Interpretation Act 1954 , schedule 1 .\na commissioner for declarations;\na notary public;\na lawyer;\nlawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007 —see the Acts Interpretation Act 1954 , schedule 1 .\na trustee company under the Trustee Companies Act 1968 ;\na stockbroker.\nIf a copy of a power of attorney has been certified under this section, the power of attorney may also be proved by a copy, certified under this section, of the certified copy.\nThis section does not prevent a power of attorney being proved in another way.\nThis section also applies to a power of attorney made before the commencement of this Act.\nSee also section 7 (Application of ch 2).\n(sec.14-ssec.1) A power of attorney may be proved by a copy of the power of attorney certified under this section.\n(sec.14-ssec.2) Each page, other than the last page, of the copy must be certified to the effect that the copy is a true and complete copy of the corresponding page of the original.\n(sec.14-ssec.3) The last page of the copy must be certified to the effect that the copy is a true and complete copy of the original.\n(sec.14-ssec.4) Certification must be by 1 of the following persons— the principal; a justice; justice means a justice of the peace—see the Acts Interpretation Act 1954 , schedule 1 . a commissioner for declarations; a notary public; a lawyer; lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007 —see the Acts Interpretation Act 1954 , schedule 1 . a trustee company under the Trustee Companies Act 1968 ; a stockbroker.\n(sec.14-ssec.5) If a copy of a power of attorney has been certified under this section, the power of attorney may also be proved by a copy, certified under this section, of the certified copy.\n(sec.14-ssec.6) This section does not prevent a power of attorney being proved in another way.\n(sec.14-ssec.7) This section also applies to a power of attorney made before the commencement of this Act. See also section 7 (Application of ch 2).\n- (a) the principal;\n- (b) a justice; Note— justice means a justice of the peace—see the Acts Interpretation Act 1954 , schedule 1 .\n- (c) a commissioner for declarations;\n- (d) a notary public;\n- (e) a lawyer; Note— lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007 —see the Acts Interpretation Act 1954 , schedule 1 .\n- (f) a trustee company under the Trustee Companies Act 1968 ;\n- (g) a stockbroker.","sortOrder":9},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Revoking a power of attorney other than an enduring power of attorney","content":"# Revoking a power of attorney other than an enduring power of attorney","sortOrder":10},{"sectionNumber":"ch.2-pt.3-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":11},{"sectionNumber":"sec.15","sectionType":"section","heading":"Relationship with other law","content":"### sec.15 Relationship with other law\n\nThis part does not limit the events by which, or circumstances in which, a power of attorney is revoked orally or in another way or terminated by implication or operation of law.","sortOrder":12},{"sectionNumber":"ch.2-pt.3-div.2","sectionType":"division","heading":"Revocation by principal","content":"## Revocation by principal","sortOrder":13},{"sectionNumber":"sec.16","sectionType":"section","heading":"Advice of revocation","content":"### sec.16 Advice of revocation\n\nIf a power of attorney is revoked under this division, the principal must take reasonable steps—\nto advise all attorneys affected by the revocation; and\nfor a power of attorney registered in the power of attorney register—to deregister it.\n- (a) to advise all attorneys affected by the revocation; and\n- (b) for a power of attorney registered in the power of attorney register—to deregister it.","sortOrder":14},{"sectionNumber":"sec.17","sectionType":"section","heading":"Written revocation","content":"### sec.17 Written revocation\n\nIf a power of attorney is or becomes revocable, it may be revoked by an instrument in the approved form executed in the same way as the power of attorney.\nSubsection (1) does not affect the rules about the execution of instruments by corporations.\nThis section also applies to a power of attorney made before the commencement of this Act.\nSee also section 7 (Application of ch 2).\n(sec.17-ssec.1) If a power of attorney is or becomes revocable, it may be revoked by an instrument in the approved form executed in the same way as the power of attorney.\n(sec.17-ssec.2) Subsection (1) does not affect the rules about the execution of instruments by corporations.\n(sec.17-ssec.3) This section also applies to a power of attorney made before the commencement of this Act. See also section 7 (Application of ch 2).","sortOrder":15},{"sectionNumber":"sec.18","sectionType":"section","heading":"Impaired capacity","content":"### sec.18 Impaired capacity\n\nIf a principal becomes a person who has impaired capacity, the power of attorney is revoked.\nHowever, for a power of attorney given as security, see section 10 .\nHowever, if a principal becomes incommunicate, the court may by order confirm that, from the date of the order, all or part of the power of attorney remains in full force and effect if the court is satisfied that the confirmation is for the benefit of the principal.\nFor this section, a person becomes incommunicate if the person becomes incapable of communicating decisions about the person’s financial, property or legal affairs in some way.\n(sec.18-ssec.1) If a principal becomes a person who has impaired capacity, the power of attorney is revoked. However, for a power of attorney given as security, see section 10 .\n(sec.18-ssec.2) However, if a principal becomes incommunicate, the court may by order confirm that, from the date of the order, all or part of the power of attorney remains in full force and effect if the court is satisfied that the confirmation is for the benefit of the principal.\n(sec.18-ssec.3) For this section, a person becomes incommunicate if the person becomes incapable of communicating decisions about the person’s financial, property or legal affairs in some way.","sortOrder":16},{"sectionNumber":"sec.19","sectionType":"section","heading":"Death","content":"### sec.19 Death\n\nWhen a principal dies, the power of attorney is revoked.","sortOrder":17},{"sectionNumber":"ch.2-pt.3-div.3","sectionType":"division","heading":"Revocation according to terms","content":"## Revocation according to terms","sortOrder":18},{"sectionNumber":"sec.20","sectionType":"section","heading":"According to terms","content":"### sec.20 According to terms\n\nA power of attorney is revoked according to its terms.\nIf a power of attorney is expressed to operate for or during a specified period, it is revoked at the end of the period.\nIf a power of attorney is expressed to operate for a specific purpose, it is revoked when the purpose is achieved.\n- 1 If a power of attorney is expressed to operate for or during a specified period, it is revoked at the end of the period.\n- 2 If a power of attorney is expressed to operate for a specific purpose, it is revoked when the purpose is achieved.","sortOrder":19},{"sectionNumber":"ch.2-pt.3-div.4","sectionType":"division","heading":"Revocation by attorney","content":"## Revocation by attorney","sortOrder":20},{"sectionNumber":"sec.21","sectionType":"section","heading":"Resignation","content":"### sec.21 Resignation\n\nIf an attorney resigns, the power of attorney is revoked to the extent it gives power to the attorney.\nAn attorney may resign by signed notice to the principal— section 72 (1) .","sortOrder":21},{"sectionNumber":"sec.22","sectionType":"section","heading":"Impaired capacity","content":"### sec.22 Impaired capacity\n\nIf an attorney becomes a person who has impaired capacity, the power of attorney is revoked to the extent it gives power to the attorney.\nHowever, for a power of attorney given as security, see section 10 .","sortOrder":22},{"sectionNumber":"sec.23","sectionType":"section","heading":"Bankruptcy or insolvency","content":"### sec.23 Bankruptcy or insolvency\n\nIf an individual attorney becomes bankrupt or insolvent or takes advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction, the power of attorney is revoked to the extent it gives power to the attorney.\nHowever, for a power of attorney given as security, see section 10 .\nIf a corporate attorney is wound up or dissolved or a receiver (other than a receiver for a limited purpose) or administrator is appointed of the attorney, the power of attorney is revoked to the extent it gives power to the attorney.\nX is an attorney under a power of attorney that is not given as security. X becomes bankrupt. Therefore, the power of attorney is revoked to the extent it gives power to X.\nIf X was a joint and several attorney with Y, the power of attorney is only revoked to the extent it gives power to X. Y can continue to exercise the power.\nThe same applies if X was a joint attorney with Y because of section 59A .\nIf X was not a joint and several attorney and the power of attorney gives power to an alternative or successive attorney, the alternative or next attorney may then exercise power.\nIf none of these apply, no-one is able to exercise power under the power of attorney.\ns 23 amd 2004 No. 43 s 3 sch\n(sec.23-ssec.1) If an individual attorney becomes bankrupt or insolvent or takes advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction, the power of attorney is revoked to the extent it gives power to the attorney. However, for a power of attorney given as security, see section 10 .\n(sec.23-ssec.2) If a corporate attorney is wound up or dissolved or a receiver (other than a receiver for a limited purpose) or administrator is appointed of the attorney, the power of attorney is revoked to the extent it gives power to the attorney. X is an attorney under a power of attorney that is not given as security. X becomes bankrupt. Therefore, the power of attorney is revoked to the extent it gives power to X. If X was a joint and several attorney with Y, the power of attorney is only revoked to the extent it gives power to X. Y can continue to exercise the power. The same applies if X was a joint attorney with Y because of section 59A . If X was not a joint and several attorney and the power of attorney gives power to an alternative or successive attorney, the alternative or next attorney may then exercise power. If none of these apply, no-one is able to exercise power under the power of attorney.","sortOrder":23},{"sectionNumber":"sec.24","sectionType":"section","heading":"Death","content":"### sec.24 Death\n\nWhen an attorney dies, the power of attorney is revoked to the extent it gives power to the attorney.\nSee section 59A (Effect of power ending).\ns 24 amd 2004 No. 43 s 3 sch","sortOrder":24},{"sectionNumber":"ch.2-pt.3A","sectionType":"part","heading":"General powers of attorney for businesses","content":"# General powers of attorney for businesses","sortOrder":25},{"sectionNumber":"sec.24A","sectionType":"section","heading":"Definitions for part","content":"### sec.24A Definitions for part\n\nIn this part—\naccepted method , for electronically signing a general power of attorney, means—\na method prescribed under section 24G ; or\nif no method is prescribed, and subject to a regulation prescribing under section 24G a method that is not an accepted method for electronically signing a general power of attorney, a method that—\nidentifies the signatory for the document and the signatory’s intention in relation to the contents of the document; and\nis either—\nas reliable as appropriate for the purpose for which the document is signed, having regard to all the circumstances, including any relevant agreement; or\nproven in fact to have fulfilled the functions described in subparagraph (i) , by itself or together with further evidence.\nbusiness —\nmeans—\na corporation; or\na partnership under the Partnership Act 1891 , section 5 ; or\nanother unincorporated association; but\ndoes not include an enterprise carried on by a sole trader.\ncorporation includes—\na corporation under the Corporations Act , section 57A ; and\na corporation sole; and\na statutory corporation.\ncounterpart , for a document, see section 24B .\ndocument ...\ns 24A def document om 2023 No. 23 s 247 sch 1 s 32\nelectronically sign , a document, means sign the document using an accepted method.\nelectronic document ...\ns 24A def electronic document om 2023 No. 23 s 247 sch 1 s 32\ngeneral power of attorney means a general power of attorney made under this Act.\ninformation includes information in the form of data, text or images.\nmake , in relation to a document, includes execute.\nphysical document means a document other than an electronic document.\ns 24A def physical document sub 2023 No. 23 s 247 sch 1 s 32\nseal , of a corporation, includes a common seal of the corporation.\nsign , a document, means—\nfor a physical document—physically sign the document; or\nfor an electronic document—electronically sign the document.\nstatutory corporation means an entity established, incorporated or registered under an Act of the Commonwealth or a State, that is not a corporation registered under the Corporations Act .\nwitness , a document, includes witness the signing of the document.\ns 24A ins 2021 No. 23 s 46\n- (a) a method prescribed under section 24G ; or\n- (b) if no method is prescribed, and subject to a regulation prescribing under section 24G a method that is not an accepted method for electronically signing a general power of attorney, a method that— (i) identifies the signatory for the document and the signatory’s intention in relation to the contents of the document; and (ii) is either— (A) as reliable as appropriate for the purpose for which the document is signed, having regard to all the circumstances, including any relevant agreement; or (B) proven in fact to have fulfilled the functions described in subparagraph (i) , by itself or together with further evidence.\n- (i) identifies the signatory for the document and the signatory’s intention in relation to the contents of the document; and\n- (ii) is either— (A) as reliable as appropriate for the purpose for which the document is signed, having regard to all the circumstances, including any relevant agreement; or (B) proven in fact to have fulfilled the functions described in subparagraph (i) , by itself or together with further evidence.\n- (A) as reliable as appropriate for the purpose for which the document is signed, having regard to all the circumstances, including any relevant agreement; or\n- (B) proven in fact to have fulfilled the functions described in subparagraph (i) , by itself or together with further evidence.\n- (i) identifies the signatory for the document and the signatory’s intention in relation to the contents of the document; and\n- (ii) is either— (A) as reliable as appropriate for the purpose for which the document is signed, having regard to all the circumstances, including any relevant agreement; or (B) proven in fact to have fulfilled the functions described in subparagraph (i) , by itself or together with further evidence.\n- (A) as reliable as appropriate for the purpose for which the document is signed, having regard to all the circumstances, including any relevant agreement; or\n- (B) proven in fact to have fulfilled the functions described in subparagraph (i) , by itself or together with further evidence.\n- (A) as reliable as appropriate for the purpose for which the document is signed, having regard to all the circumstances, including any relevant agreement; or\n- (B) proven in fact to have fulfilled the functions described in subparagraph (i) , by itself or together with further evidence.\n- (a) means— (i) a corporation; or (ii) a partnership under the Partnership Act 1891 , section 5 ; or (iii) another unincorporated association; but\n- (i) a corporation; or\n- (ii) a partnership under the Partnership Act 1891 , section 5 ; or\n- (iii) another unincorporated association; but\n- (b) does not include an enterprise carried on by a sole trader.\n- (i) a corporation; or\n- (ii) a partnership under the Partnership Act 1891 , section 5 ; or\n- (iii) another unincorporated association; but\n- (a) a corporation under the Corporations Act , section 57A ; and\n- (b) a corporation sole; and\n- (c) a statutory corporation.\n- (a) for a physical document—physically sign the document; or\n- (b) for an electronic document—electronically sign the document.","sortOrder":26},{"sectionNumber":"sec.24B","sectionType":"section","heading":"What is a counterpart for a document","content":"### sec.24B What is a counterpart for a document\n\nA counterpart , for a document, is a copy of the document that includes the entire contents of the document.\nDespite subsection (1) , a counterpart need not include—\nthe signatures of the other persons who are to sign the document; or\nif a common seal is fixed to the document—the seal.\ns 24B ins 2021 No. 23 s 46\n(sec.24B-ssec.1) A counterpart , for a document, is a copy of the document that includes the entire contents of the document.\n(sec.24B-ssec.2) Despite subsection (1) , a counterpart need not include— the signatures of the other persons who are to sign the document; or if a common seal is fixed to the document—the seal.\n- (a) the signatures of the other persons who are to sign the document; or\n- (b) if a common seal is fixed to the document—the seal.","sortOrder":27},{"sectionNumber":"sec.24C","sectionType":"section","heading":"Application of part","content":"### sec.24C Application of part\n\nThis part applies in relation to a general power of attorney for a business.\nA reference in this part to a general power of attorney is taken to include a reference to a document revoking a general power of attorney.\nIf a provision of this part is inconsistent with any other provision of this Act, the provision of this part prevails to the extent of the inconsistency.\ns 24C ins 2021 No. 23 s 46\n(sec.24C-ssec.1) This part applies in relation to a general power of attorney for a business.\n(sec.24C-ssec.2) A reference in this part to a general power of attorney is taken to include a reference to a document revoking a general power of attorney.\n(sec.24C-ssec.3) If a provision of this part is inconsistent with any other provision of this Act, the provision of this part prevails to the extent of the inconsistency.","sortOrder":28},{"sectionNumber":"sec.24D","sectionType":"section","heading":"Relationship with other laws","content":"### sec.24D Relationship with other laws\n\nIf there is an inconsistency between this part and any other law in relation to a general power of attorney, this part prevails to the extent of the inconsistency.\nDespite subsection (1) , this part does not affect the way in which general powers of attorney are executed under the Land Title Act 1994 or the Land Act 1994 .\ns 24D ins 2021 No. 23 s 46\n(sec.24D-ssec.1) If there is an inconsistency between this part and any other law in relation to a general power of attorney, this part prevails to the extent of the inconsistency.\n(sec.24D-ssec.2) Despite subsection (1) , this part does not affect the way in which general powers of attorney are executed under the Land Title Act 1994 or the Land Act 1994 .","sortOrder":29},{"sectionNumber":"sec.24E","sectionType":"section","heading":"No sealing required","content":"### sec.24E No sealing required\n\nA general power of attorney for a business may be made even if it is not sealed or stated to be sealed.\ns 24E ins 2021 No. 23 s 46","sortOrder":30},{"sectionNumber":"sec.24F","sectionType":"section","heading":"General power of attorney may be in form of electronic document and electronically signed","content":"### sec.24F General power of attorney may be in form of electronic document and electronically signed\n\nA general power of attorney for a business may be in the form of an electronic document and may be electronically signed if it is executed under this part.\ns 24F ins 2021 No. 23 s 46","sortOrder":31},{"sectionNumber":"sec.24G","sectionType":"section","heading":"Accepted method for electronically signing general power of attorney","content":"### sec.24G Accepted method for electronically signing general power of attorney\n\nA regulation may prescribe an accepted method, or what is not an accepted method, for electronically signing a general power of attorney for a business.\ns 24G ins 2021 No. 23 s 46","sortOrder":32},{"sectionNumber":"sec.24H","sectionType":"section","heading":"Execution by corporation","content":"### sec.24H Execution by corporation\n\nA corporation may execute a general power of attorney, without using a common seal, if the document is signed by—\n2 directors of the corporation; or\n1 director and 1 secretary of the corporation; or\nfor a proprietary company that has a sole director—that director, if—\nthe director is also the sole company secretary; or\nthe company does not have a company secretary; or\na lawfully authorised agent or attorney of the corporation, whether or not the agent or attorney is appointed under seal.\nA corporation with a common seal may execute a general power of attorney if the seal is fixed to the document and the fixing of the seal is witnessed by—\n2 directors of the corporation; or\n1 director and 1 secretary of the corporation; or\nfor a proprietary company that has a sole director—that director, if—\nthe director is also the sole company secretary; or\nthe company does not have a company secretary.\nFor subsection (2) , the fixing of a common seal to a document is taken to have been witnessed by a person mentioned in paragraph (a) , (b) or (c) of that subsection if—\nthe person observes the fixing of the seal by audio visual link; and\nthe person signs the document; and\nthe document includes a statement that the person observed the fixing of the seal by audio visual link.\nAlso, for a statutory corporation, the general power of attorney may be signed by a person, or in a way, authorised by the Act under which the corporation is established, incorporated or registered.\nFurther, for a corporation that is not incorporated under an Australian law, the general power of attorney may be signed by a person, or in a way, authorised by the law of the place in which the corporation is incorporated.\nA general power of attorney may be signed under this section whether or not in the presence of a witness.\nIf a person signs a general power of attorney for a corporation as a lawfully authorised agent or attorney for the corporation, the person must—\nsign the general power of attorney in a way that indicates the person is signing as a lawfully authorised agent or attorney; and\nif the person is a corporation—sign the general power of attorney under this section.\nThis section does not limit the ways in which a general power of attorney for a corporation may be executed by the corporation.\nIn this section—\nattorney , for a corporation, means a person acting under the authority of a power of attorney given by the corporation under a deed, a general power of attorney or another law.\naudio visual link means facilities that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places and includes videoconferencing.\ndirector , of a corporation, means a member of the board of directors, council or other governing body of the corporation.\nsecretary , of a corporation, means the clerk, secretary or other permanent officer of the corporation.\ns 24H ins 2021 No. 23 s 46\n(sec.24H-ssec.1) A corporation may execute a general power of attorney, without using a common seal, if the document is signed by— 2 directors of the corporation; or 1 director and 1 secretary of the corporation; or for a proprietary company that has a sole director—that director, if— the director is also the sole company secretary; or the company does not have a company secretary; or a lawfully authorised agent or attorney of the corporation, whether or not the agent or attorney is appointed under seal.\n(sec.24H-ssec.2) A corporation with a common seal may execute a general power of attorney if the seal is fixed to the document and the fixing of the seal is witnessed by— 2 directors of the corporation; or 1 director and 1 secretary of the corporation; or for a proprietary company that has a sole director—that director, if— the director is also the sole company secretary; or the company does not have a company secretary.\n(sec.24H-ssec.3) For subsection (2) , the fixing of a common seal to a document is taken to have been witnessed by a person mentioned in paragraph (a) , (b) or (c) of that subsection if— the person observes the fixing of the seal by audio visual link; and the person signs the document; and the document includes a statement that the person observed the fixing of the seal by audio visual link.\n(sec.24H-ssec.4) Also, for a statutory corporation, the general power of attorney may be signed by a person, or in a way, authorised by the Act under which the corporation is established, incorporated or registered.\n(sec.24H-ssec.5) Further, for a corporation that is not incorporated under an Australian law, the general power of attorney may be signed by a person, or in a way, authorised by the law of the place in which the corporation is incorporated.\n(sec.24H-ssec.6) A general power of attorney may be signed under this section whether or not in the presence of a witness.\n(sec.24H-ssec.7) If a person signs a general power of attorney for a corporation as a lawfully authorised agent or attorney for the corporation, the person must— sign the general power of attorney in a way that indicates the person is signing as a lawfully authorised agent or attorney; and if the person is a corporation—sign the general power of attorney under this section.\n(sec.24H-ssec.8) This section does not limit the ways in which a general power of attorney for a corporation may be executed by the corporation.\n(sec.24H-ssec.9) In this section— attorney , for a corporation, means a person acting under the authority of a power of attorney given by the corporation under a deed, a general power of attorney or another law. audio visual link means facilities that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places and includes videoconferencing. director , of a corporation, means a member of the board of directors, council or other governing body of the corporation. secretary , of a corporation, means the clerk, secretary or other permanent officer of the corporation.\n- (a) 2 directors of the corporation; or\n- (b) 1 director and 1 secretary of the corporation; or\n- (c) for a proprietary company that has a sole director—that director, if— (i) the director is also the sole company secretary; or (ii) the company does not have a company secretary; or\n- (i) the director is also the sole company secretary; or\n- (ii) the company does not have a company secretary; or\n- (d) a lawfully authorised agent or attorney of the corporation, whether or not the agent or attorney is appointed under seal.\n- (i) the director is also the sole company secretary; or\n- (ii) the company does not have a company secretary; or\n- (a) 2 directors of the corporation; or\n- (b) 1 director and 1 secretary of the corporation; or\n- (c) for a proprietary company that has a sole director—that director, if— (i) the director is also the sole company secretary; or (ii) the company does not have a company secretary.\n- (i) the director is also the sole company secretary; or\n- (ii) the company does not have a company secretary.\n- (i) the director is also the sole company secretary; or\n- (ii) the company does not have a company secretary.\n- (a) the person observes the fixing of the seal by audio visual link; and\n- (b) the person signs the document; and\n- (c) the document includes a statement that the person observed the fixing of the seal by audio visual link.\n- (a) sign the general power of attorney in a way that indicates the person is signing as a lawfully authorised agent or attorney; and\n- (b) if the person is a corporation—sign the general power of attorney under this section.","sortOrder":33},{"sectionNumber":"sec.24I","sectionType":"section","heading":"Execution by partnership or unincorporated association","content":"### sec.24I Execution by partnership or unincorporated association\n\nAn individual may execute a general power of attorney on behalf of a partnership or unincorporated association by signing the general power of attorney.\nAn individual may sign a general power of attorney under subsection (1) whether or not in the presence of a witness.\nIf an individual signs a general power of attorney under subsection (1) , the individual must sign the general power of attorney in a way that indicates the person is executing the general power of attorney on behalf of the partnership or unincorporated association.\nThis section does not limit or otherwise affect another law or instrument that requires or permits a general power of attorney executed on behalf of a partnership or unincorporated association to be executed in a particular way.\nThis section does not affect an instrument that requires or permits a general power of attorney executed on behalf of a partnership to be executed by a stated number of partners.\ns 24I ins 2021 No. 23 s 46\n(sec.24I-ssec.1) An individual may execute a general power of attorney on behalf of a partnership or unincorporated association by signing the general power of attorney.\n(sec.24I-ssec.2) An individual may sign a general power of attorney under subsection (1) whether or not in the presence of a witness.\n(sec.24I-ssec.3) If an individual signs a general power of attorney under subsection (1) , the individual must sign the general power of attorney in a way that indicates the person is executing the general power of attorney on behalf of the partnership or unincorporated association.\n(sec.24I-ssec.4) This section does not limit or otherwise affect another law or instrument that requires or permits a general power of attorney executed on behalf of a partnership or unincorporated association to be executed in a particular way. This section does not affect an instrument that requires or permits a general power of attorney executed on behalf of a partnership to be executed by a stated number of partners.","sortOrder":34},{"sectionNumber":"sec.24J","sectionType":"section","heading":"Requirement for signatory","content":"### sec.24J Requirement for signatory\n\nA person signing a general power of attorney for a business must include the following information on the general power of attorney near the person’s signature—\nthe person’s full name;\nthe person’s office or designation in relation to the business.\ns 24J ins 2021 No. 23 s 46\n- (a) the person’s full name;\n- (b) the person’s office or designation in relation to the business.","sortOrder":35},{"sectionNumber":"sec.24K","sectionType":"section","heading":"Signing counterpart or true copy","content":"### sec.24K Signing counterpart or true copy\n\nThis section applies if 2 or more persons are to sign a general power of attorney for a business.\nA person signing the general power of attorney for the business may sign a counterpart or true copy of the general power of attorney.\nFor subsection (2) , if the counterpart or true copy is electronically signed by a person, the counterpart or true copy need not include any material included in the general power of attorney about the method used for electronically signing the general power of attorney.\ns 24K ins 2021 No. 23 s 46\n(sec.24K-ssec.1) This section applies if 2 or more persons are to sign a general power of attorney for a business.\n(sec.24K-ssec.2) A person signing the general power of attorney for the business may sign a counterpart or true copy of the general power of attorney.\n(sec.24K-ssec.3) For subsection (2) , if the counterpart or true copy is electronically signed by a person, the counterpart or true copy need not include any material included in the general power of attorney about the method used for electronically signing the general power of attorney.","sortOrder":36},{"sectionNumber":"sec.24L","sectionType":"section","heading":"Lodgement or deposit of general power of attorney in registry","content":"### sec.24L Lodgement or deposit of general power of attorney in registry\n\nThis section applies to a general power of attorney that is proposed to be lodged or deposited in a registry for a purpose.\nIf the general power of attorney is made in counterparts, each counterpart must be lodged or deposited in the registry for the purpose.\nIf the general power of attorney or a counterpart of the general power of attorney is in the form of an electronic document, a printed copy of the general power of attorney or counterpart certified under subsection (4) must be lodged or deposited in the registry for the purpose.\nFor subsection (3) , the printed copy must be certified as a true copy of the original general power of attorney or counterpart—\non the last page of the printed copy; and\nby 1 of the following persons—\n1 of the signatories;\na lawyer;\na justice;\na commissioner for declarations;\na notary public;\na trustee company under the Trustee Companies Act 1968 ;\na stockbroker.\nIn this section—\nregistry means—\nthe land registry; or\nthe water allocations register under the Water Act 2000 .\ns 24L ins 2021 No. 23 s 46\n(sec.24L-ssec.1) This section applies to a general power of attorney that is proposed to be lodged or deposited in a registry for a purpose.\n(sec.24L-ssec.2) If the general power of attorney is made in counterparts, each counterpart must be lodged or deposited in the registry for the purpose.\n(sec.24L-ssec.3) If the general power of attorney or a counterpart of the general power of attorney is in the form of an electronic document, a printed copy of the general power of attorney or counterpart certified under subsection (4) must be lodged or deposited in the registry for the purpose.\n(sec.24L-ssec.4) For subsection (3) , the printed copy must be certified as a true copy of the original general power of attorney or counterpart— on the last page of the printed copy; and by 1 of the following persons— 1 of the signatories; a lawyer; a justice; a commissioner for declarations; a notary public; a trustee company under the Trustee Companies Act 1968 ; a stockbroker.\n(sec.24L-ssec.5) In this section— registry means— the land registry; or the water allocations register under the Water Act 2000 .\n- (a) on the last page of the printed copy; and\n- (b) by 1 of the following persons— (i) 1 of the signatories; (ii) a lawyer; (iii) a justice; (iv) a commissioner for declarations; (v) a notary public; (vi) a trustee company under the Trustee Companies Act 1968 ; (vii) a stockbroker.\n- (i) 1 of the signatories;\n- (ii) a lawyer;\n- (iii) a justice;\n- (iv) a commissioner for declarations;\n- (v) a notary public;\n- (vi) a trustee company under the Trustee Companies Act 1968 ;\n- (vii) a stockbroker.\n- (i) 1 of the signatories;\n- (ii) a lawyer;\n- (iii) a justice;\n- (iv) a commissioner for declarations;\n- (v) a notary public;\n- (vi) a trustee company under the Trustee Companies Act 1968 ;\n- (vii) a stockbroker.\n- (a) the land registry; or\n- (b) the water allocations register under the Water Act 2000 .","sortOrder":37},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":38},{"sectionNumber":"sec.25","sectionType":"section","heading":"Registration of powers of attorney and instruments revoking powers","content":"### sec.25 Registration of powers of attorney and instruments revoking powers\n\nA power of attorney may be registered.\nAn instrument revoking a power of attorney may be registered.\nSubject to another Act or a contrary intention in the power of attorney, if the power of attorney has been registered under an Act, it does not cease to authorise the attorney to do for the principal anything relevant to the purpose for which it was registered until an instrument revoking the power of attorney has been registered.\nThis section also applies to a power of attorney made before the commencement of this Act.\nSee also section 7 (Application of ch 2).\n(sec.25-ssec.1) A power of attorney may be registered.\n(sec.25-ssec.2) An instrument revoking a power of attorney may be registered.\n(sec.25-ssec.3) Subject to another Act or a contrary intention in the power of attorney, if the power of attorney has been registered under an Act, it does not cease to authorise the attorney to do for the principal anything relevant to the purpose for which it was registered until an instrument revoking the power of attorney has been registered.\n(sec.25-ssec.4) This section also applies to a power of attorney made before the commencement of this Act. See also section 7 (Application of ch 2).","sortOrder":39},{"sectionNumber":"sec.26","sectionType":"section","heading":"Offence to dishonestly induce the making or revocation of power of attorney","content":"### sec.26 Offence to dishonestly induce the making or revocation of power of attorney\n\nA person must not dishonestly induce a person to make or revoke a power of attorney.\nMaximum penalty—200 penalty units.\nThis section also applies to a power of attorney made before the commencement of this Act.\nSee also section 7 (Application of ch 2).\n(sec.26-ssec.1) A person must not dishonestly induce a person to make or revoke a power of attorney. Maximum penalty—200 penalty units.\n(sec.26-ssec.2) This section also applies to a power of attorney made before the commencement of this Act. See also section 7 (Application of ch 2).","sortOrder":40},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Application and interpretation","content":"# Application and interpretation","sortOrder":41},{"sectionNumber":"sec.27","sectionType":"section","heading":"Application of ch 3","content":"### sec.27 Application of ch 3\n\nExcept where otherwise provided, this chapter applies only to enduring documents.","sortOrder":42},{"sectionNumber":"sec.28","sectionType":"section","heading":"Meaning of enduring document","content":"### sec.28 Meaning of enduring document\n\nAn enduring document is an enduring power of attorney or an advance health directive.\ns 28 amd 2023 No. 27 s 289 sch 3","sortOrder":43},{"sectionNumber":"sec.29","sectionType":"section","heading":"Meaning of eligible attorney","content":"### sec.29 Meaning of eligible attorney\n\nAn eligible attorney , for a matter under an enduring power of attorney, means—\na person who—\nhas capacity for the matter and is at least 18 years; and\nis not, and has not been within the previous 3 years, a paid carer for the principal; and\nSee schedule 3 for the definition paid carer .\nis not a health provider for the principal; and\nSee schedule 3 for the definition health provider .\nis not a service provider for a residential service where the principal is a resident; and\nif the person would be given power for a financial matter—is not bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or\nfor a financial matter only—\nthe public trustee; or\na trustee company under the Trustee Companies Act 1968 ; or\nfor a personal matter only—the public guardian.\nAn eligible attorney , for a matter under an advance health directive, means—\na person who has capacity for the matter who is—\nat least 18 years; and\nnot a paid carer, or health provider, for the principal; and\nSee schedule 3 for the definitions paid carer and health provider .\nnot a service provider for a residential service where the principal is a resident; or\nthe public guardian.\ns 29 amd 2004 No. 43 s 91 ; 2014 No. 26 s 266 ; 2019 No. 9 s 57\n(sec.29-ssec.1) An eligible attorney , for a matter under an enduring power of attorney, means— a person who— has capacity for the matter and is at least 18 years; and is not, and has not been within the previous 3 years, a paid carer for the principal; and See schedule 3 for the definition paid carer . is not a health provider for the principal; and See schedule 3 for the definition health provider . is not a service provider for a residential service where the principal is a resident; and if the person would be given power for a financial matter—is not bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or for a financial matter only— the public trustee; or a trustee company under the Trustee Companies Act 1968 ; or for a personal matter only—the public guardian.\n(sec.29-ssec.2) An eligible attorney , for a matter under an advance health directive, means— a person who has capacity for the matter who is— at least 18 years; and not a paid carer, or health provider, for the principal; and See schedule 3 for the definitions paid carer and health provider . not a service provider for a residential service where the principal is a resident; or the public guardian.\n- (a) a person who— (i) has capacity for the matter and is at least 18 years; and (ii) is not, and has not been within the previous 3 years, a paid carer for the principal; and Note— See schedule 3 for the definition paid carer . (iii) is not a health provider for the principal; and Note— See schedule 3 for the definition health provider . (iv) is not a service provider for a residential service where the principal is a resident; and (v) if the person would be given power for a financial matter—is not bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or\n- (i) has capacity for the matter and is at least 18 years; and\n- (ii) is not, and has not been within the previous 3 years, a paid carer for the principal; and Note— See schedule 3 for the definition paid carer .\n- (iii) is not a health provider for the principal; and Note— See schedule 3 for the definition health provider .\n- (iv) is not a service provider for a residential service where the principal is a resident; and\n- (v) if the person would be given power for a financial matter—is not bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or\n- (b) for a financial matter only— (i) the public trustee; or (ii) a trustee company under the Trustee Companies Act 1968 ; or\n- (i) the public trustee; or\n- (ii) a trustee company under the Trustee Companies Act 1968 ; or\n- (c) for a personal matter only—the public guardian.\n- (i) has capacity for the matter and is at least 18 years; and\n- (ii) is not, and has not been within the previous 3 years, a paid carer for the principal; and Note— See schedule 3 for the definition paid carer .\n- (iii) is not a health provider for the principal; and Note— See schedule 3 for the definition health provider .\n- (iv) is not a service provider for a residential service where the principal is a resident; and\n- (v) if the person would be given power for a financial matter—is not bankrupt or taking advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; or\n- (i) the public trustee; or\n- (ii) a trustee company under the Trustee Companies Act 1968 ; or\n- (a) a person who has capacity for the matter who is— (i) at least 18 years; and (ii) not a paid carer, or health provider, for the principal; and Note— See schedule 3 for the definitions paid carer and health provider . (iii) not a service provider for a residential service where the principal is a resident; or\n- (i) at least 18 years; and\n- (ii) not a paid carer, or health provider, for the principal; and Note— See schedule 3 for the definitions paid carer and health provider .\n- (iii) not a service provider for a residential service where the principal is a resident; or\n- (b) the public guardian.\n- (i) at least 18 years; and\n- (ii) not a paid carer, or health provider, for the principal; and Note— See schedule 3 for the definitions paid carer and health provider .\n- (iii) not a service provider for a residential service where the principal is a resident; or","sortOrder":44},{"sectionNumber":"sec.30","sectionType":"section","heading":"Meaning of eligible signer","content":"### sec.30 Meaning of eligible signer\n\nAn eligible signer , to sign a document for a principal, is a person who—\nis at least 18 years; and\nis not the witness for the document; and\nis not an attorney of the principal.\nTo avoid any doubt, it is declared that a person is not excluded from being an eligible signer merely because the person is an attorney’s employee who signs the document while acting in the ordinary course of employment.\nIn this section—\nattorney , for a document, means—\na person who is an attorney of the principal whether under the document or otherwise; or\nif the document is all or part of an enduring document—a person who will be an attorney of the principal under the enduring document.\n(sec.30-ssec.1) An eligible signer , to sign a document for a principal, is a person who— is at least 18 years; and is not the witness for the document; and is not an attorney of the principal.\n(sec.30-ssec.2) To avoid any doubt, it is declared that a person is not excluded from being an eligible signer merely because the person is an attorney’s employee who signs the document while acting in the ordinary course of employment.\n(sec.30-ssec.3) In this section— attorney , for a document, means— a person who is an attorney of the principal whether under the document or otherwise; or 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.\n- (a) is at least 18 years; and\n- (b) is not the witness for the document; and\n- (c) is not an attorney of the principal.\n- (a) a person who is an attorney of the principal whether under the document or otherwise; or\n- (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.","sortOrder":45},{"sectionNumber":"sec.31","sectionType":"section","heading":"Meaning of eligible witness","content":"### sec.31 Meaning of eligible witness\n\nAn eligible witness , for a document, is a person who—\nexcept for a document revoking an advance health directive—is a justice, commissioner for declarations, notary public or lawyer; and\njustice means a justice of the peace—see the Acts Interpretation Act 1954 , schedule 1 .\nlawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007 —see the Acts Interpretation Act 1954 , schedule 1 .\nis not the person signing the document for the principal; and\nis not an attorney of the principal; and\nis not a relation of the principal or a relation of an attorney of the principal; and\nif the document gives power for a personal matter—is not a paid carer or health provider of the principal; and\nfor an advance health directive—is not a beneficiary under the principal’s will.\nTo 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.\nIn this section—\nattorney , for a document, means—\na person who is an attorney of the principal whether under the document or otherwise; or\nif the document is all or part of an enduring document—a person who will be an attorney of the principal under the enduring document.\ns 31 amd 2019 No. 9 s 58\n(sec.31-ssec.1) An eligible witness , for a document, is a person who— except for a document revoking an advance health directive—is a justice, commissioner for declarations, notary public or lawyer; and 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 . is not the person signing the document for the principal; and is not an attorney of the principal; and is not a relation of the principal or a relation of an attorney of the principal; and if the document gives power for a personal matter—is not a paid carer or health provider of the principal; and for an advance health directive—is not a beneficiary under the principal’s will.\n(sec.31-ssec.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.\n(sec.31-ssec.3) In this section— attorney , for a document, means— a person who is an attorney of the principal whether under the document or otherwise; or 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.\n- (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 .\n- (b) is not the person signing the document for the principal; and\n- (c) is not an attorney of the principal; and\n- (d) is not a relation of the principal or a relation of an attorney of the principal; and\n- (e) if the document gives power for a personal matter—is not a paid carer or health provider of the principal; and\n- (f) for an advance health directive—is not a beneficiary under the principal’s will.\n- (a) a person who is an attorney of the principal whether under the document or otherwise; or\n- (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.","sortOrder":46},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Enduring power of attorney provisions","content":"# Enduring power of attorney provisions","sortOrder":47},{"sectionNumber":"sec.32","sectionType":"section","heading":"Enduring powers of attorney","content":"### sec.32 Enduring powers of attorney\n\nBy an enduring power of attorney , an adult ( principal ) may—\nauthorise 1 or more other persons who are eligible attorneys ( attorneys ) to do anything in relation to 1 or more financial matters or personal matters for the principal that the principal could lawfully do by an attorney if the adult had capacity for the matter when the power is exercised; and\npersonal matters includes health matters but does not include special personal matters or special health matters— schedule 2 , section 2 .\nprovide terms or information about exercising the power.\nAn enduring power of attorney giving power for a matter is not revoked by the principal becoming a person with impaired capacity for the matter.\nTo remove any doubt, it is declared that an enduring power of attorney may be made by an adult principal who is outside the State.\ns 32 amd 2019 No. 9 s 59 ; 2023 No. 27 s 289 sch 3\n(sec.32-ssec.1) By an enduring power of attorney , an adult ( principal ) may— authorise 1 or more other persons who are eligible attorneys ( attorneys ) to do anything in relation to 1 or more financial matters or personal matters for the principal that the principal could lawfully do by an attorney if the adult had capacity for the matter when the power is exercised; and personal matters includes health matters but does not include special personal matters or special health matters— schedule 2 , section 2 . provide terms or information about exercising the power.\n(sec.32-ssec.2) An enduring power of attorney giving power for a matter is not revoked by the principal becoming a person with impaired capacity for the matter.\n(sec.32-ssec.3) To remove any doubt, it is declared that an enduring power of attorney may be made by an adult principal who is outside the State.\n- (a) authorise 1 or more other persons who are eligible attorneys ( attorneys ) to do anything in relation to 1 or more financial matters or personal matters for the principal that the principal could lawfully do by an attorney if the adult had capacity for the matter when the power is exercised; and Note— personal matters includes health matters but does not include special personal matters or special health matters— schedule 2 , section 2 .\n- (b) provide terms or information about exercising the power.","sortOrder":48},{"sectionNumber":"sec.33","sectionType":"section","heading":"When attorney’s power exercisable","content":"### sec.33 When attorney’s power exercisable\n\nA principal may specify in an enduring power of attorney a time when, circumstance in which, or occasion on which, a power for a financial matter is exercisable.\nHowever, if the enduring power of attorney does not specify a time when, circumstance in which, or occasion on which, power for a financial matter becomes exercisable, the power becomes exercisable once the enduring power of attorney is made.\nAlso, if—\na time when, circumstance in which, or occasion on which, power for a financial matter is exercisable is specified; and\nbefore the specified time, circumstance or occasion, the principal has impaired capacity for the matter;\npower for the matter is exercisable during any or every period the principal has the impaired capacity.\nPower for a personal matter under the enduring power of attorney is exercisable during any or every period the principal has impaired capacity for the matter and not otherwise.\nHowever, the priority of an attorney’s power for a health matter is decided by the Guardianship and Administration Act 2000 , section 66 (Adult with impaired capacity—order of priority in dealing with health matter). See, in particular, section 66 (4) .\nIf an attorney’s power for a matter depends on the principal having impaired capacity for a matter, a person dealing with the attorney may ask for evidence, for example, a medical certificate, to establish that the principal has the impaired capacity.\ns 33 amd 2000 No. 8 s 263 sch 3\n(sec.33-ssec.1) A principal may specify in an enduring power of attorney a time when, circumstance in which, or occasion on which, a power for a financial matter is exercisable.\n(sec.33-ssec.2) However, if the enduring power of attorney does not specify a time when, circumstance in which, or occasion on which, power for a financial matter becomes exercisable, the power becomes exercisable once the enduring power of attorney is made.\n(sec.33-ssec.3) Also, if— a time when, circumstance in which, or occasion on which, power for a financial matter is exercisable is specified; and before the specified time, circumstance or occasion, the principal has impaired capacity for the matter; power for the matter is exercisable during any or every period the principal has the impaired capacity.\n(sec.33-ssec.4) Power for a personal matter under the enduring power of attorney is exercisable during any or every period the principal has impaired capacity for the matter and not otherwise. However, the priority of an attorney’s power for a health matter is decided by the Guardianship and Administration Act 2000 , section 66 (Adult with impaired capacity—order of priority in dealing with health matter). See, in particular, section 66 (4) .\n(sec.33-ssec.5) If an attorney’s power for a matter depends on the principal having impaired capacity for a matter, a person dealing with the attorney may ask for evidence, for example, a medical certificate, to establish that the principal has the impaired capacity.\n- (a) a time when, circumstance in which, or occasion on which, power for a financial matter is exercisable is specified; and\n- (b) before the specified time, circumstance or occasion, the principal has impaired capacity for the matter;","sortOrder":49},{"sectionNumber":"sec.34","sectionType":"section","heading":"Recognition of enduring power of attorney made in other jurisdictions","content":"### sec.34 Recognition of enduring power of attorney made in other jurisdictions\n\nIf an enduring power of attorney is made in another jurisdiction and complies with the requirements in the other jurisdiction, then, to the extent the powers it gives could validly have been given by an enduring power of attorney made under this Act, the enduring power of attorney must be treated as if it were an enduring power of attorney made under, and in compliance with, this Act.\ns 34 amd 2019 No. 9 s 60","sortOrder":50},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Advance health directive provisions","content":"# Advance health directive provisions","sortOrder":51},{"sectionNumber":"sec.35","sectionType":"section","heading":"Advance health directives","content":"### sec.35 Advance health directives\n\nBy an advance health directive , an adult principal may—\ngive directions, about health matters and special health matters, for his or her future health care; and\ngive information about his or her directions; and\nappoint 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\nNote this does not include a special health matter.\nprovide terms or information about exercising the power.\nWithout limiting subsection (1) , by an advance health directive the principal may give a direction—\nconsenting, 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\nrequiring, in the circumstances specified, a life-sustaining measure to be withheld or withdrawn; and\nauthorising 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.\nA direction in an advance health directive has priority over a general or specific power for health matters given to any attorney.\nAn advance health directive is not revoked by the principal becoming a person with impaired capacity.\nTo remove any doubt, it is declared that an advance health directive may be made by an adult principal who is outside the State.\ns 35 amd 2000 No. 8 s 263 sch 3 ; 2001 No. 95 s 24 ; 2019 No. 9 s 61\n(sec.35-ssec.1) By an advance health directive , an adult principal may— give directions, about health matters and special health matters, for his or her future health care; and give information about his or her directions; and 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 this does not include a special health matter. provide terms or information about exercising the power.\n(sec.35-ssec.2) Without limiting subsection (1) , by an advance health directive the principal may give a direction— 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 requiring, in the circumstances specified, a life-sustaining measure to be withheld or withdrawn; and 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.\n(sec.35-ssec.3) A direction in an advance health directive has priority over a general or specific power for health matters given to any attorney.\n(sec.35-ssec.4) An advance health directive is not revoked by the principal becoming a person with impaired capacity.\n(sec.35-ssec.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.\n- (a) give directions, about health matters and special health matters, for his or her future health care; and\n- (b) give information about his or her directions; and\n- (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.\n- (d) provide terms or information about exercising the power.\n- (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\n- (b) requiring, in the circumstances specified, a life-sustaining measure to be withheld or withdrawn; and\n- (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.","sortOrder":52},{"sectionNumber":"sec.36","sectionType":"section","heading":"Operation of advance health directive","content":"### sec.36 Operation of advance health directive\n\nA direction in an advance health directive—\noperates only while the principal has impaired capacity for the matter covered by the direction; and\nis as effective as if—\nthe principal gave the direction when decisions about the matter needed to be made; and\nthe principal then had capacity for the matter.\nSee also section 101 (No less protection than if adult gave health consent).\nA direction to withhold or withdraw a life-sustaining measure can not operate unless—\n1 of the following applies—\nthe principal has a terminal illness or condition that is incurable or irreversible and as a result of which, in the opinion of a doctor treating the principal and another doctor, the principal may reasonably be expected to die within 1 year;\nthe principal is in a persistent vegetative state, that is, the principal has a condition involving severe and irreversible brain damage which, however, allows some or all of the principal’s vital bodily functions to continue, including, for example, heart beat or breathing;\nthe principal is permanently unconscious, that is, the principal has a condition involving brain damage so severe that there is no reasonable prospect of the principal regaining consciousness;\nThis is sometimes referred to as ‘a coma’.\nthe principal has an illness or injury of such severity that there is no reasonable prospect that the principal will recover to the extent that the principal’s life can be sustained without the continued application of life-sustaining measures; and\nfor a direction to withhold or withdraw artificial nutrition or artificial hydration—the commencement or continuation of the measure would be inconsistent with good medical practice; and\nthe principal has no reasonable prospect of regaining capacity for health matters.\nlife-sustaining measure is defined in schedule 2 , section 5A .\nAn attorney’s power for a health matter under an advance health directive is exercisable during any or every period the principal has impaired capacity for the matter and not otherwise.\nHowever, the priority of an attorney’s power for a health matter is decided by the Guardianship and Administration Act 2000 , section 66 (Adult with impaired capacity—order of priority in dealing with health matter). See, in particular, section 66 (4) .\nWhile power for a health matter is exercisable under an advance health directive, the directive gives the attorney for the matter power to do, for the principal, anything in relation to the matter the principal could lawfully do if the principal had capacity for the matter.\nHowever, the power given is subject to the terms of the advance health directive and this Act.\nA person dealing with the attorney may ask for evidence, for example, a medical certificate, to establish that the principal has impaired capacity for the matter.\ns 36 amd 2000 No. 8 s 263 sch 3 ; 2001 No. 95 s 25\n(sec.36-ssec.1) A direction in an advance health directive— operates only while the principal has impaired capacity for the matter covered by the direction; and is as effective as if— the principal gave the direction when decisions about the matter needed to be made; and the principal then had capacity for the matter. See also section 101 (No less protection than if adult gave health consent).\n(sec.36-ssec.2) A direction to withhold or withdraw a life-sustaining measure can not operate unless— 1 of the following applies— the principal has a terminal illness or condition that is incurable or irreversible and as a result of which, in the opinion of a doctor treating the principal and another doctor, the principal may reasonably be expected to die within 1 year; the principal is in a persistent vegetative state, that is, the principal has a condition involving severe and irreversible brain damage which, however, allows some or all of the principal’s vital bodily functions to continue, including, for example, heart beat or breathing; the principal is permanently unconscious, that is, the principal has a condition involving brain damage so severe that there is no reasonable prospect of the principal regaining consciousness; This is sometimes referred to as ‘a coma’. the principal has an illness or injury of such severity that there is no reasonable prospect that the principal will recover to the extent that the principal’s life can be sustained without the continued application of life-sustaining measures; and for a direction to withhold or withdraw artificial nutrition or artificial hydration—the commencement or continuation of the measure would be inconsistent with good medical practice; and the principal has no reasonable prospect of regaining capacity for health matters. life-sustaining measure is defined in schedule 2 , section 5A .\n(sec.36-ssec.3) An attorney’s power for a health matter under an advance health directive is exercisable during any or every period the principal has impaired capacity for the matter and not otherwise. However, the priority of an attorney’s power for a health matter is decided by the Guardianship and Administration Act 2000 , section 66 (Adult with impaired capacity—order of priority in dealing with health matter). See, in particular, section 66 (4) .\n(sec.36-ssec.4) While power for a health matter is exercisable under an advance health directive, the directive gives the attorney for the matter power to do, for the principal, anything in relation to the matter the principal could lawfully do if the principal had capacity for the matter.\n(sec.36-ssec.5) However, the power given is subject to the terms of the advance health directive and this Act.\n(sec.36-ssec.6) A person dealing with the attorney may ask for evidence, for example, a medical certificate, to establish that the principal has impaired capacity for the matter.\n- (a) operates only while the principal has impaired capacity for the matter covered by the direction; and\n- (b) is as effective as if— (i) the principal gave the direction when decisions about the matter needed to be made; and (ii) the principal then had capacity for the matter. Note— See also section 101 (No less protection than if adult gave health consent).\n- (i) the principal gave the direction when decisions about the matter needed to be made; and\n- (ii) the principal then had capacity for the matter. Note— See also section 101 (No less protection than if adult gave health consent).\n- (i) the principal gave the direction when decisions about the matter needed to be made; and\n- (ii) the principal then had capacity for the matter. Note— See also section 101 (No less protection than if adult gave health consent).\n- (a) 1 of the following applies— (i) the principal has a terminal illness or condition that is incurable or irreversible and as a result of which, in the opinion of a doctor treating the principal and another doctor, the principal may reasonably be expected to die within 1 year; (ii) the principal is in a persistent vegetative state, that is, the principal has a condition involving severe and irreversible brain damage which, however, allows some or all of the principal’s vital bodily functions to continue, including, for example, heart beat or breathing; (iii) the principal is permanently unconscious, that is, the principal has a condition involving brain damage so severe that there is no reasonable prospect of the principal regaining consciousness; Note— This is sometimes referred to as ‘a coma’. (iv) the principal has an illness or injury of such severity that there is no reasonable prospect that the principal will recover to the extent that the principal’s life can be sustained without the continued application of life-sustaining measures; and\n- (i) the principal has a terminal illness or condition that is incurable or irreversible and as a result of which, in the opinion of a doctor treating the principal and another doctor, the principal may reasonably be expected to die within 1 year;\n- (ii) the principal is in a persistent vegetative state, that is, the principal has a condition involving severe and irreversible brain damage which, however, allows some or all of the principal’s vital bodily functions to continue, including, for example, heart beat or breathing;\n- (iii) the principal is permanently unconscious, that is, the principal has a condition involving brain damage so severe that there is no reasonable prospect of the principal regaining consciousness; Note— This is sometimes referred to as ‘a coma’.\n- (iv) the principal has an illness or injury of such severity that there is no reasonable prospect that the principal will recover to the extent that the principal’s life can be sustained without the continued application of life-sustaining measures; and\n- (b) for a direction to withhold or withdraw artificial nutrition or artificial hydration—the commencement or continuation of the measure would be inconsistent with good medical practice; and\n- (c) the principal has no reasonable prospect of regaining capacity for health matters.\n- (i) the principal has a terminal illness or condition that is incurable or irreversible and as a result of which, in the opinion of a doctor treating the principal and another doctor, the principal may reasonably be expected to die within 1 year;\n- (ii) the principal is in a persistent vegetative state, that is, the principal has a condition involving severe and irreversible brain damage which, however, allows some or all of the principal’s vital bodily functions to continue, including, for example, heart beat or breathing;\n- (iii) the principal is permanently unconscious, that is, the principal has a condition involving brain damage so severe that there is no reasonable prospect of the principal regaining consciousness; Note— This is sometimes referred to as ‘a coma’.\n- (iv) the principal has an illness or injury of such severity that there is no reasonable prospect that the principal will recover to the extent that the principal’s life can be sustained without the continued application of life-sustaining measures; and","sortOrder":53},{"sectionNumber":"sec.37","sectionType":"section","heading":"Act does not authorise euthanasia or affect particular provisions of Criminal Code","content":"### sec.37 Act does not authorise euthanasia or affect particular provisions of Criminal Code\n\nTo avoid any doubt, it is declared that nothing in this Act—\nauthorises, justifies or excuses killing a person; or\naffects the Criminal Code , section 284 or chapter 28 .\nCriminal Code —\n284 Consent to death immaterial\nConsent by a person to the causing of the person’s own death does not affect the criminal responsibility of any person by whom such death is caused.\nChapter 28 (Homicide—suicide—concealment of birth), including—\n296 Acceleration of death\nA person who does any act or makes any omission which hastens the death of another person who, when the act is done or the omission is made, is labouring under some disorder or disease arising from another cause, is deemed to have killed that other person.\n311 Aiding suicide\nAny person who—\nprocures another to kill himself or herself; or\ncounsels another to kill himself or herself and thereby induces the other person to do so; or\naids another in killing himself or herself;\nis guilty of a crime, and is liable to imprisonment for life.\n- (a) authorises, justifies or excuses killing a person; or\n- (b) affects the Criminal Code , section 284 or chapter 28 . Note— Criminal Code — 284 Consent to death immaterial Consent by a person to the causing of the person’s own death does not affect the criminal responsibility of any person by whom such death is caused. Chapter 28 (Homicide—suicide—concealment of birth), including— 296 Acceleration of death A person who does any act or makes any omission which hastens the death of another person who, when the act is done or the omission is made, is labouring under some disorder or disease arising from another cause, is deemed to have killed that other person. 311 Aiding suicide Any person who— (a) procures another to kill himself or herself; or (b) counsels another to kill himself or herself and thereby induces the other person to do so; or (c) aids another in killing himself or herself; is guilty of a crime, and is liable to imprisonment for life.\n- Consent by a person to the causing of the person’s own death does not affect the criminal responsibility of any person by whom such death is caused.\n- Consent by a person to the causing of the person’s own death does not affect the criminal responsibility of any person by whom such death is caused.\n- A person who does any act or makes any omission which hastens the death of another person who, when the act is done or the omission is made, is labouring under some disorder or disease arising from another cause, is deemed to have killed that other person.\n- A person who does any act or makes any omission which hastens the death of another person who, when the act is done or the omission is made, is labouring under some disorder or disease arising from another cause, is deemed to have killed that other person.\n- Any person who— (a) procures another to kill himself or herself; or (b) counsels another to kill himself or herself and thereby induces the other person to do so; or (c) aids another in killing himself or herself; is guilty of a crime, and is liable to imprisonment for life.\n- Any person who— (a) procures another to kill himself or herself; or (b) counsels another to kill himself or herself and thereby induces the other person to do so; or (c) aids another in killing himself or herself;\n- (a) procures another to kill himself or herself; or\n- (b) counsels another to kill himself or herself and thereby induces the other person to do so; or\n- (c) aids another in killing himself or herself;\n- is guilty of a crime, and is liable to imprisonment for life.\n- Consent by a person to the causing of the person’s own death does not affect the criminal responsibility of any person by whom such death is caused.\n- Consent by a person to the causing of the person’s own death does not affect the criminal responsibility of any person by whom such death is caused.\n- Consent by a person to the causing of the person’s own death does not affect the criminal responsibility of any person by whom such death is caused.\n- A person who does any act or makes any omission which hastens the death of another person who, when the act is done or the omission is made, is labouring under some disorder or disease arising from another cause, is deemed to have killed that other person.\n- A person who does any act or makes any omission which hastens the death of another person who, when the act is done or the omission is made, is labouring under some disorder or disease arising from another cause, is deemed to have killed that other person.\n- A person who does any act or makes any omission which hastens the death of another person who, when the act is done or the omission is made, is labouring under some disorder or disease arising from another cause, is deemed to have killed that other person.\n- Any person who— (a) procures another to kill himself or herself; or (b) counsels another to kill himself or herself and thereby induces the other person to do so; or (c) aids another in killing himself or herself; is guilty of a crime, and is liable to imprisonment for life.\n- Any person who— (a) procures another to kill himself or herself; or (b) counsels another to kill himself or herself and thereby induces the other person to do so; or (c) aids another in killing himself or herself;\n- (a) procures another to kill himself or herself; or\n- (b) counsels another to kill himself or herself and thereby induces the other person to do so; or\n- (c) aids another in killing himself or herself;\n- is guilty of a crime, and is liable to imprisonment for life.\n- Any person who— (a) procures another to kill himself or herself; or (b) counsels another to kill himself or herself and thereby induces the other person to do so; or (c) aids another in killing himself or herself;\n- (a) procures another to kill himself or herself; or\n- (b) counsels another to kill himself or herself and thereby induces the other person to do so; or\n- (c) aids another in killing himself or herself;\n- is guilty of a crime, and is liable to imprisonment for life.\n- (a) procures another to kill himself or herself; or\n- (b) counsels another to kill himself or herself and thereby induces the other person to do so; or\n- (c) aids another in killing himself or herself;","sortOrder":54},{"sectionNumber":"sec.37A","sectionType":"section","heading":"Act’s relationship with Forensic Disability Act","content":"### sec.37A Act’s relationship with Forensic Disability Act\n\nFor a forensic disability client under the Forensic Disability Act 2011 who has given a direction about the person’s health care or special health care, whether by giving a direction in an advance health directive or otherwise, an interpretation of that Act that is consistent with this Act and the direction is to be preferred to any other meaning.\nHowever, the Forensic Disability Act 2011 prevails in the case of inconsistency.\ns 37A ins 2011 No. 13 s 259\n(sec.37A-ssec.1) For a forensic disability client under the Forensic Disability Act 2011 who has given a direction about the person’s health care or special health care, whether by giving a direction in an advance health directive or otherwise, an interpretation of that Act that is consistent with this Act and the direction is to be preferred to any other meaning.\n(sec.37A-ssec.2) However, the Forensic Disability Act 2011 prevails in the case of inconsistency.","sortOrder":55},{"sectionNumber":"sec.38","sectionType":"section","heading":"Act’s relationship with Mental Health Act","content":"### sec.38 Act’s relationship with Mental Health Act\n\nFor an involuntary patient under the Mental Health Act 2016 who has given a direction about the person’s health care or special health care, whether by giving a direction in an advance health directive or otherwise, an interpretation of that Act that is consistent with this Act and the direction is to be preferred to any other meaning.\nHowever, the Mental Health Act 2016 prevails in the case of inconsistency.\ns 38 amd 2000 No. 16 s 590 sch 1 pt 2 ; 2016 No. 5 s 916\n(sec.38-ssec.1) For an involuntary patient under the Mental Health Act 2016 who has given a direction about the person’s health care or special health care, whether by giving a direction in an advance health directive or otherwise, an interpretation of that Act that is consistent with this Act and the direction is to be preferred to any other meaning.\n(sec.38-ssec.2) However, the Mental Health Act 2016 prevails in the case of inconsistency.","sortOrder":56},{"sectionNumber":"sec.39","sectionType":"section","heading":"Common law not affected","content":"### sec.39 Common law not affected\n\nThis Act does not affect common law recognition of instructions about health care given by an adult that are not given in an advance health directive.","sortOrder":57},{"sectionNumber":"sec.40","sectionType":"section","heading":"Recognition of enduring health care document made in other States","content":"### sec.40 Recognition of enduring health care document made in other States\n\nIf a document prescribed by regulation is made in another State and complies with the requirements for the document in the other State, then, to the extent the document’s provisions could have been validly included in an advance health directive made under this Act, the document must be treated as if it were an advance health directive made under, and in compliance with, this Act.","sortOrder":58},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Making an enduring document","content":"# Making an enduring document","sortOrder":59},{"sectionNumber":"sec.41","sectionType":"section","heading":"Principal’s capacity to make an enduring power of attorney","content":"### sec.41 Principal’s capacity to make an enduring power of attorney\n\nA principal has capacity to make an enduring power of attorney only if the principal—\nis capable of making the enduring power of attorney freely and voluntarily; and\nunderstands the nature and effect of the enduring power of attorney.\nUnder the general principles, an adult is presumed to have capacity. See section 6C , general principle 1.\nUnderstanding the nature and effect of the enduring power of attorney includes understanding the following matters—\nthe principal may, in the power of attorney, specify or limit the power to be given to an attorney and instruct an attorney about the exercise of the power;\nwhen the power begins;\nonce the power for a matter begins, the attorney has power to make, and will have full control over, the matter subject to terms or information about exercising the power included in the enduring power of attorney;\nthe principal may revoke the enduring power of attorney at any time the principal is capable of making an enduring power of attorney giving the same power;\nthe power the principal has given continues even if the principal becomes a person who has impaired capacity;\nat any time the principal is not capable of revoking the enduring power of attorney, the principal is unable to effectively oversee the use of the power.\nIf there is a reasonable likelihood of doubt, it is advisable for the witness to make a written record of the evidence as a result of which the witness considered that the principal understood these matters.\nFor this section, schedule 3 , definition capacity does not apply.\ns 41 amd 2019 No. 9 s 62\n(sec.41-ssec.1) A principal has capacity to make an enduring power of attorney only if the principal— is capable of making the enduring power of attorney freely and voluntarily; and understands the nature and effect of the enduring power of attorney. Under the general principles, an adult is presumed to have capacity. See section 6C , general principle 1.\n(sec.41-ssec.2) Understanding the nature and effect of the enduring power of attorney includes understanding the following matters— the principal may, in the power of attorney, specify or limit the power to be given to an attorney and instruct an attorney about the exercise of the power; when the power begins; once the power for a matter begins, the attorney has power to make, and will have full control over, the matter subject to terms or information about exercising the power included in the enduring power of attorney; the principal may revoke the enduring power of attorney at any time the principal is capable of making an enduring power of attorney giving the same power; the power the principal has given continues even if the principal becomes a person who has impaired capacity; at any time the principal is not capable of revoking the enduring power of attorney, the principal is unable to effectively oversee the use of the power. If there is a reasonable likelihood of doubt, it is advisable for the witness to make a written record of the evidence as a result of which the witness considered that the principal understood these matters.\n(sec.41-ssec.3) For this section, schedule 3 , definition capacity does not apply.\n- (a) is capable of making the enduring power of attorney freely and voluntarily; and\n- (b) understands the nature and effect of the enduring power of attorney.\n- (a) the principal may, in the power of attorney, specify or limit the power to be given to an attorney and instruct an attorney about the exercise of the power;\n- (b) when the power begins;\n- (c) once the power for a matter begins, the attorney has power to make, and will have full control over, the matter subject to terms or information about exercising the power included in the enduring power of attorney;\n- (d) the principal may revoke the enduring power of attorney at any time the principal is capable of making an enduring power of attorney giving the same power;\n- (e) the power the principal has given continues even if the principal becomes a person who has impaired capacity;\n- (f) at any time the principal is not capable of revoking the enduring power of attorney, the principal is unable to effectively oversee the use of the power.","sortOrder":60},{"sectionNumber":"sec.42","sectionType":"section","heading":"Principal’s capacity to make an advance health directive","content":"### sec.42 Principal’s capacity to make an advance health directive\n\nA principal has capacity to make an advance health directive, to the extent it does not give power to an attorney, only if the principal—\nunderstands the nature and effect of the advance health directive; and\nis capable of making the advance health directive freely and voluntarily.\nUnder the general principles, an adult is presumed to have capacity. See section 6C , general principle 1.\nUnderstanding the nature and effect of the advance health directive includes understanding the following matters—\nthe nature and likely effects of each direction in the advance health directive;\na direction operates only while the principal has impaired capacity for the matter covered by the direction;\nthe principal may revoke a direction at any time the principal has capacity for the matter covered by the direction;\nat any time the principal is not capable of revoking a direction, the principal is unable to effectively oversee the implementation of the direction.\nIf there is a reasonable likelihood of doubt, it is advisable for the witness to make a written record of the evidence as a result of which the witness considered the principal understood these matters.\nA principal has capacity to make an advance health directive, to the extent it gives power to an attorney, only if the principal has the capacity necessary to make an enduring power of attorney giving the same power.\nSee section 41 in relation to the capacity of a principal to make an enduring power of attorney.\nFor this section, schedule 3 , definition capacity does not apply.\ns 42 sub 2019 No. 9 s 63\n(sec.42-ssec.1) A principal has capacity to make an advance health directive, to the extent it does not give power to an attorney, only if the principal— understands the nature and effect of the advance health directive; and is capable of making the advance health directive freely and voluntarily. Under the general principles, an adult is presumed to have capacity. See section 6C , general principle 1.\n(sec.42-ssec.2) Understanding the nature and effect of the advance health directive includes understanding the following matters— the nature and likely effects of each direction in the advance health directive; a direction operates only while the principal has impaired capacity for the matter covered by the direction; the principal may revoke a direction at any time the principal has capacity for the matter covered by the direction; at any time the principal is not capable of revoking a direction, the principal is unable to effectively oversee the implementation of the direction. If there is a reasonable likelihood of doubt, it is advisable for the witness to make a written record of the evidence as a result of which the witness considered the principal understood these matters.\n(sec.42-ssec.3) A principal has capacity to make an advance health directive, to the extent it gives power to an attorney, only if the principal has the capacity necessary to make an enduring power of attorney giving the same power. See section 41 in relation to the capacity of a principal to make an enduring power of attorney.\n(sec.42-ssec.4) For this section, schedule 3 , definition capacity does not apply.\n- (a) understands the nature and effect of the advance health directive; and\n- (b) is capable of making the advance health directive freely and voluntarily.\n- (a) the nature and likely effects of each direction in the advance health directive;\n- (b) a direction operates only while the principal has impaired capacity for the matter covered by the direction;\n- (c) the principal may revoke a direction at any time the principal has capacity for the matter covered by the direction;\n- (d) at any time the principal is not capable of revoking a direction, the principal is unable to effectively oversee the implementation of the direction.","sortOrder":61},{"sectionNumber":"sec.43","sectionType":"section","heading":"Appointment of 1 or more eligible attorneys","content":"### sec.43 Appointment of 1 or more eligible attorneys\n\nOnly a person who is an eligible attorney may be appointed as an attorney by an enduring document.\nSee section 29 (Meaning of eligible attorney ).\nA principal may appoint 1 or more of the following—\na single attorney for a matter or all matters;\ndifferent attorneys for different matters;\na person to act as an attorney for a matter or all matters in a circumstance stated in the enduring document;\nalternative attorneys for a matter or all matters so power is given to a particular attorney only in a circumstance stated in the enduring document;\nsuccessive attorneys for a matter or all matters so power is given to a particular attorney only when power given to a previous attorney ends;\njoint or several, or joint and several, attorneys for a matter or all matters;\n2 or more joint attorneys for a matter or all matters, being a number less than the total number of attorneys for the matter or all matters.\nHowever, a principal may not appoint more than 4 joint attorneys for a matter under an enduring power of attorney.\ns 43 amd 2000 No. 8 s 263 sch 3 ; 2019 No. 9 s 64\n(sec.43-ssec.1) Only a person who is an eligible attorney may be appointed as an attorney by an enduring document. See section 29 (Meaning of eligible attorney ).\n(sec.43-ssec.2) A principal may appoint 1 or more of the following— a single attorney for a matter or all matters; different attorneys for different matters; a person to act as an attorney for a matter or all matters in a circumstance stated in the enduring document; alternative attorneys for a matter or all matters so power is given to a particular attorney only in a circumstance stated in the enduring document; successive attorneys for a matter or all matters so power is given to a particular attorney only when power given to a previous attorney ends; joint or several, or joint and several, attorneys for a matter or all matters; 2 or more joint attorneys for a matter or all matters, being a number less than the total number of attorneys for the matter or all matters.\n(sec.43-ssec.3) However, a principal may not appoint more than 4 joint attorneys for a matter under an enduring power of attorney.\n- (a) a single attorney for a matter or all matters;\n- (b) different attorneys for different matters;\n- (c) a person to act as an attorney for a matter or all matters in a circumstance stated in the enduring document;\n- (d) alternative attorneys for a matter or all matters so power is given to a particular attorney only in a circumstance stated in the enduring document;\n- (e) successive attorneys for a matter or all matters so power is given to a particular attorney only when power given to a previous attorney ends;\n- (f) joint or several, or joint and several, attorneys for a matter or all matters;\n- (g) 2 or more joint attorneys for a matter or all matters, being a number less than the total number of attorneys for the matter or all matters.","sortOrder":62},{"sectionNumber":"sec.44","sectionType":"section","heading":"Formal requirements","content":"### sec.44 Formal requirements\n\nAn enduring power of attorney must be in an approved form.\nAn approved form is a form approved by the chief executive under section 161 — schedule 3 (Dictionary).\nAn advance health directive must be written and may be in the approved form.\nAn enduring document must—\nbe signed—\nby the principal; or\nif the principal instructs—for the principal and in the principal’s presence, by an eligible signer; and\nSee section 30 (Meaning of eligible signer ).\nbe signed and dated by an eligible witness.\nSee section 31 (Meaning of eligible witness ).\nIt is advisable for the witness to make a written record of the evidence as a result of which the witness considered that the principal understood the necessary matters. For a power of attorney—see section 41 and for an advance health directive—see section 42 .\nIf an enduring document is signed by the principal, it must include a certificate signed by the witness stating the principal—\nsigned the enduring document in the witness’s presence; and\nat the time, appeared to the witness to have the capacity necessary to make the enduring document.\nIf an enduring document is signed by a person for the principal, it must include a certificate signed by the witness stating—\nthe principal, in the witness’s presence, instructed the person to sign the enduring document for the principal; and\nthe person signed it in the presence of the principal and witness; and\nthe principal, at the time, appeared to the witness to have the capacity necessary to make the enduring document.\nAn advance health directive must also include a certificate signed and dated by a doctor or nurse practitioner mentioned in subsection (7) stating the principal, at the time of making the advance health directive, appeared to the doctor or nurse practitioner to have the capacity necessary to make it.\nThe doctor or nurse practitioner must not be—\nthe person witnessing the advance health directive; or\nthe person signing the advance health directive for the principal; or\nan attorney of the principal; or\na relation of the principal or a relation of an attorney of the principal; or\na beneficiary under the principal’s will.\nAn enduring document is effective in relation to an attorney only if the attorney has accepted the appointment by signing the enduring document.\nIn this section—\nnurse practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession, other than as a student, whose registration is endorsed as being qualified to practise as a nurse practitioner.\ns 44 amd 2021 No. 23 s 47\n(sec.44-ssec.1) An enduring power of attorney must be in an approved form. An approved form is a form approved by the chief executive under section 161 — schedule 3 (Dictionary).\n(sec.44-ssec.2) An advance health directive must be written and may be in the approved form.\n(sec.44-ssec.3) An enduring document must— be signed— by the principal; or if the principal instructs—for the principal and in the principal’s presence, by an eligible signer; and See section 30 (Meaning of eligible signer ). be signed and dated by an eligible witness. See section 31 (Meaning of eligible witness ). It is advisable for the witness to make a written record of the evidence as a result of which the witness considered that the principal understood the necessary matters. For a power of attorney—see section 41 and for an advance health directive—see section 42 .\n(sec.44-ssec.4) If an enduring document is signed by the principal, it must include a certificate signed by the witness stating the principal— signed the enduring document in the witness’s presence; and at the time, appeared to the witness to have the capacity necessary to make the enduring document.\n(sec.44-ssec.5) If an enduring document is signed by a person for the principal, it must include a certificate signed by the witness stating— the principal, in the witness’s presence, instructed the person to sign the enduring document for the principal; and the person signed it in the presence of the principal and witness; and the principal, at the time, appeared to the witness to have the capacity necessary to make the enduring document.\n(sec.44-ssec.6) An advance health directive must also include a certificate signed and dated by a doctor or nurse practitioner mentioned in subsection (7) stating the principal, at the time of making the advance health directive, appeared to the doctor or nurse practitioner to have the capacity necessary to make it.\n(sec.44-ssec.7) The doctor or nurse practitioner must not be— the person witnessing the advance health directive; or the person signing the advance health directive for the principal; or an attorney of the principal; or a relation of the principal or a relation of an attorney of the principal; or a beneficiary under the principal’s will.\n(sec.44-ssec.8) An enduring document is effective in relation to an attorney only if the attorney has accepted the appointment by signing the enduring document.\n(sec.44-ssec.9) In this section— nurse practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession, other than as a student, whose registration is endorsed as being qualified to practise as a nurse practitioner.\n- (a) be signed— (i) by the principal; or (ii) if the principal instructs—for the principal and in the principal’s presence, by an eligible signer; and Note— See section 30 (Meaning of eligible signer ).\n- (i) by the principal; or\n- (ii) if the principal instructs—for the principal and in the principal’s presence, by an eligible signer; and Note— See section 30 (Meaning of eligible signer ).\n- (b) be signed and dated by an eligible witness. Note— See section 31 (Meaning of eligible witness ). It is advisable for the witness to make a written record of the evidence as a result of which the witness considered that the principal understood the necessary matters. For a power of attorney—see section 41 and for an advance health directive—see section 42 .\n- (i) by the principal; or\n- (ii) if the principal instructs—for the principal and in the principal’s presence, by an eligible signer; and Note— See section 30 (Meaning of eligible signer ).\n- (a) signed the enduring document in the witness’s presence; and\n- (b) at the time, appeared to the witness to have the capacity necessary to make the enduring document.\n- (a) the principal, in the witness’s presence, instructed the person to sign the enduring document for the principal; and\n- (b) the person signed it in the presence of the principal and witness; and\n- (c) the principal, at the time, appeared to the witness to have the capacity necessary to make the enduring document.\n- (a) the person witnessing the advance health directive; or\n- (b) the person signing the advance health directive for the principal; or\n- (c) an attorney of the principal; or\n- (d) a relation of the principal or a relation of an attorney of the principal; or\n- (e) a beneficiary under the principal’s will.","sortOrder":63},{"sectionNumber":"sec.45","sectionType":"section","heading":"Proof of enduring document","content":"### sec.45 Proof of enduring document\n\nAn enduring document may be proved by a copy of the enduring document certified under this section.\nThe copy must be certified to the effect that it is a true and complete copy of the original.\nCertification must be by 1 of the following persons—\nthe principal;\na justice;\njustice means a justice of the peace—see the Acts Interpretation Act 1954 , schedule 1 .\na commissioner for declarations;\na notary public;\na lawyer;\nlawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007 —see the Acts Interpretation Act 1954 , schedule 1 .\na trustee company under the Trustee Companies Act 1968 ;\na stockbroker.\nIf a copy of an enduring document has been certified under this section, the enduring document may also be proved by a copy, certified under this section, of the certified copy.\nThis section does not prevent an enduring document being proved in another way.\ns 45 amd 2019 No. 9 s 65 ; 2023 No. 27 s 289 sch 3\n(sec.45-ssec.1) An enduring document may be proved by a copy of the enduring document certified under this section.\n(sec.45-ssec.2) The copy must be certified to the effect that it is a true and complete copy of the original.\n(sec.45-ssec.3) Certification must be by 1 of the following persons— the principal; a justice; justice means a justice of the peace—see the Acts Interpretation Act 1954 , schedule 1 . a commissioner for declarations; a notary public; a lawyer; lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007 —see the Acts Interpretation Act 1954 , schedule 1 . a trustee company under the Trustee Companies Act 1968 ; a stockbroker.\n(sec.45-ssec.4) If a copy of an enduring document has been certified under this section, the enduring document may also be proved by a copy, certified under this section, of the certified copy.\n(sec.45-ssec.5) This section does not prevent an enduring document being proved in another way.\n- (a) the principal;\n- (b) a justice; Note— justice means a justice of the peace—see the Acts Interpretation Act 1954 , schedule 1 .\n- (c) a commissioner for declarations;\n- (d) a notary public;\n- (e) a lawyer; Note— lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007 —see the Acts Interpretation Act 1954 , schedule 1 .\n- (f) a trustee company under the Trustee Companies Act 1968 ;\n- (g) a stockbroker.","sortOrder":64},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Revoking an enduring document","content":"# Revoking an enduring document","sortOrder":65},{"sectionNumber":"ch.3-pt.5-div.1","sectionType":"division","heading":"Revocation by principal","content":"## Revocation by principal","sortOrder":66},{"sectionNumber":"sec.46","sectionType":"section","heading":"Advice of revocation","content":"### sec.46 Advice of revocation\n\nIf an enduring document is revoked under this division, the principal must take reasonable steps—\nto advise all attorneys under the enduring document of its revocation; and\nfor an enduring power of attorney registered under the Land Title Act 1994 —to deregister it.\ns 46 amd 2023 No. 27 s 289 sch 3\n- (a) to advise all attorneys under the enduring document of its revocation; and\n- (b) for an enduring power of attorney registered under the Land Title Act 1994 —to deregister it.","sortOrder":67},{"sectionNumber":"sec.47","sectionType":"section","heading":"Principal’s capacity for written revocation of power of attorney","content":"### sec.47 Principal’s capacity for written revocation of power of attorney\n\nA principal may revoke an enduring power of attorney in writing only if the principal has the capacity necessary to make an enduring power of attorney giving the same power.\nSee section 41 (Principal’s capacity to make an enduring power of attorney).\nHowever, a principal may revoke an enduring power of attorney in writing, to the extent it gives power for a health matter, if the principal has the capacity necessary to make an enduring power of attorney giving the same power for the health matter.\n(sec.47-ssec.1) A principal may revoke an enduring power of attorney in writing only if the principal has the capacity necessary to make an enduring power of attorney giving the same power. See section 41 (Principal’s capacity to make an enduring power of attorney).\n(sec.47-ssec.2) However, a principal may revoke an enduring power of attorney in writing, to the extent it gives power for a health matter, if the principal has the capacity necessary to make an enduring power of attorney giving the same power for the health matter.","sortOrder":68},{"sectionNumber":"sec.48","sectionType":"section","heading":"Principal’s capacity for written revocation of advance health directive","content":"### sec.48 Principal’s capacity for written revocation of advance health directive\n\nA principal may revoke an advance health directive in writing, to the extent it includes a direction about a health matter or special health matter, only if the principal has capacity for the matter.\nA principal may revoke an advance health directive in writing, to the extent it gives power to an attorney, only if the principal has the capacity necessary to make an advance health directive giving the same power.\n(sec.48-ssec.1) A principal may revoke an advance health directive in writing, to the extent it includes a direction about a health matter or special health matter, only if the principal has capacity for the matter.\n(sec.48-ssec.2) A principal may revoke an advance health directive in writing, to the extent it gives power to an attorney, only if the principal has the capacity necessary to make an advance health directive giving the same power.","sortOrder":69},{"sectionNumber":"sec.49","sectionType":"section","heading":"Formal requirements for written revocation of enduring document","content":"### sec.49 Formal requirements for written revocation of enduring document\n\nA written revocation of an enduring power of attorney must be in the approved form.\nHowever, a written revocation of an enduring power of attorney, to the extent it gives power for a health matter, or a written revocation of an advance health directive need not be in the approved form.\nThe revocation of an enduring power of attorney must—\nbe signed—\nby the principal; or\nif the principal revoking it instructs—for the principal and in the principal’s presence, by an eligible signer; and\nSee section 30 (Meaning of eligible signer ).\nbe signed and dated by an eligible witness.\nSee section 31 (Meaning of eligible witness ).\nIt is advisable for the witness to make a written record of the evidence as a result of which the witness considered that the principal understood the necessary matters. For a power of attorney—see section 47 and for an advance health directive—see section 48 .\nIf the revocation is signed by the principal, it may include a certificate signed by the witness stating the principal—\nsigned the revocation in the witness’s presence; and\nat the time, appeared to the witness to have the capacity necessary for the revocation.\nIf the revocation is signed by a person for the principal, it must include a certificate signed by the witness stating—\nthe principal, in the witness’s presence, instructed the person to sign the revocation on the principal’s behalf; and\nthe person signed it in the presence of the principal and witness; and\nthe principal, at the time, appeared to the witness to have the capacity necessary for the revocation.\n(sec.49-ssec.1) A written revocation of an enduring power of attorney must be in the approved form.\n(sec.49-ssec.2) However, a written revocation of an enduring power of attorney, to the extent it gives power for a health matter, or a written revocation of an advance health directive need not be in the approved form.\n(sec.49-ssec.3) The revocation of an enduring power of attorney must— be signed— by the principal; or if the principal revoking it instructs—for the principal and in the principal’s presence, by an eligible signer; and See section 30 (Meaning of eligible signer ). be signed and dated by an eligible witness. See section 31 (Meaning of eligible witness ). It is advisable for the witness to make a written record of the evidence as a result of which the witness considered that the principal understood the necessary matters. For a power of attorney—see section 47 and for an advance health directive—see section 48 .\n(sec.49-ssec.4) If the revocation is signed by the principal, it may include a certificate signed by the witness stating the principal— signed the revocation in the witness’s presence; and at the time, appeared to the witness to have the capacity necessary for the revocation.\n(sec.49-ssec.5) If the revocation is signed by a person for the principal, it must include a certificate signed by the witness stating— the principal, in the witness’s presence, instructed the person to sign the revocation on the principal’s behalf; and the person signed it in the presence of the principal and witness; and the principal, at the time, appeared to the witness to have the capacity necessary for the revocation.\n- (a) be signed— (i) by the principal; or (ii) if the principal revoking it instructs—for the principal and in the principal’s presence, by an eligible signer; and Note— See section 30 (Meaning of eligible signer ).\n- (i) by the principal; or\n- (ii) if the principal revoking it instructs—for the principal and in the principal’s presence, by an eligible signer; and Note— See section 30 (Meaning of eligible signer ).\n- (b) be signed and dated by an eligible witness. Note— See section 31 (Meaning of eligible witness ). It is advisable for the witness to make a written record of the evidence as a result of which the witness considered that the principal understood the necessary matters. For a power of attorney—see section 47 and for an advance health directive—see section 48 .\n- (i) by the principal; or\n- (ii) if the principal revoking it instructs—for the principal and in the principal’s presence, by an eligible signer; and Note— See section 30 (Meaning of eligible signer ).\n- (a) signed the revocation in the witness’s presence; and\n- (b) at the time, appeared to the witness to have the capacity necessary for the revocation.\n- (a) the principal, in the witness’s presence, instructed the person to sign the revocation on the principal’s behalf; and\n- (b) the person signed it in the presence of the principal and witness; and\n- (c) the principal, at the time, appeared to the witness to have the capacity necessary for the revocation.","sortOrder":70},{"sectionNumber":"sec.50","sectionType":"section","heading":"Later enduring document","content":"### sec.50 Later enduring document\n\nA principal’s enduring power of attorney is revoked, to the extent of an inconsistency, by a later enduring document of the principal.\nIf a principal gives—\npower for a matter to an attorney by an enduring power of attorney; and\neither—\npower for the matter to a different attorney by a later enduring power of attorney; or\na direction about the matter in a later advance health directive;\nthe earlier enduring power of attorney is revoked to the extent it gives power for the matter.\nA principal’s advance health directive is revoked, to the extent of an inconsistency, by a later advance health directive.\nIf there is a direction about a health matter in an advance health directive and a later enduring power of attorney giving an attorney power for the health matter, the direction prevails. See the Guardianship and Administration Act 2000 , section 66 (Adult with impaired capacity—order of priority in dealing with health matter).\ns 50 amd 2000 No. 8 s 263 sch 3\n(sec.50-ssec.1) A principal’s enduring power of attorney is revoked, to the extent of an inconsistency, by a later enduring document of the principal. If a principal gives— power for a matter to an attorney by an enduring power of attorney; and either— power for the matter to a different attorney by a later enduring power of attorney; or a direction about the matter in a later advance health directive; the earlier enduring power of attorney is revoked to the extent it gives power for the matter.\n(sec.50-ssec.2) A principal’s advance health directive is revoked, to the extent of an inconsistency, by a later advance health directive. If there is a direction about a health matter in an advance health directive and a later enduring power of attorney giving an attorney power for the health matter, the direction prevails. See the Guardianship and Administration Act 2000 , section 66 (Adult with impaired capacity—order of priority in dealing with health matter).\n- (a) power for a matter to an attorney by an enduring power of attorney; and\n- (b) either— (i) power for the matter to a different attorney by a later enduring power of attorney; or (ii) a direction about the matter in a later advance health directive;\n- (i) power for the matter to a different attorney by a later enduring power of attorney; or\n- (ii) a direction about the matter in a later advance health directive;\n- (i) power for the matter to a different attorney by a later enduring power of attorney; or\n- (ii) a direction about the matter in a later advance health directive;","sortOrder":71},{"sectionNumber":"sec.51","sectionType":"section","heading":"Death","content":"### sec.51 Death\n\nWhen a principal dies, the enduring document is revoked.","sortOrder":72},{"sectionNumber":"sec.52","sectionType":"section","heading":"Marriage","content":"### sec.52 Marriage\n\nUnless there is a contrary intention expressed in the enduring document, if a principal marries after making an enduring document, the enduring document is revoked to the extent it gives power to someone other than the principal’s husband or wife.\ns 52 amd 2002 No. 74 s 90 sch","sortOrder":73},{"sectionNumber":"sec.52A","sectionType":"section","heading":"Civil partnership","content":"### sec.52A Civil partnership\n\nUnless there is a contrary intention expressed in the enduring document, if a principal enters into a civil partnership after making an enduring document, the enduring document is revoked to the extent it gives power to someone other than the principal’s civil partner.\ns 52A ins 2011 No. 46 s 69\namd 2012 No. 12 s 59 sch pts 2 – 3 ; 2015 No. 33 s 52 (2) – (3) sch pts 2 – 3","sortOrder":74},{"sectionNumber":"sec.53","sectionType":"section","heading":"Divorce","content":"### sec.53 Divorce\n\nIf a principal divorces after making an enduring document, the enduring document is revoked to the extent it gives power to the divorced spouse.","sortOrder":75},{"sectionNumber":"sec.53A","sectionType":"section","heading":"Termination of civil partnership","content":"### sec.53A Termination of civil partnership\n\nThis section applies if—\na principal makes an enduring document; and\nafter making the enduring document, the principal’s civil partnership is terminated under the Civil Partnerships Act 2011 , section 18 .\nThe enduring document is revoked to the extent it gives power to the principal’s previous civil partner.\ns 53A ins 2011 No. 46 s 70\namd 2012 No. 12 s 59 sch pts 1 – 3 ; 2015 No. 33 s 52 sch pts 1 – 3\n(sec.53A-ssec.1) This section applies if— a principal makes an enduring document; and after making the enduring document, the principal’s civil partnership is terminated under the Civil Partnerships Act 2011 , section 18 .\n(sec.53A-ssec.2) The enduring document is revoked to the extent it gives power to the principal’s previous civil partner.\n- (a) a principal makes an enduring document; and\n- (b) after making the enduring document, the principal’s civil partnership is terminated under the Civil Partnerships Act 2011 , section 18 .","sortOrder":76},{"sectionNumber":"ch.3-pt.5-div.2","sectionType":"division","heading":"Revocation according to terms","content":"## Revocation according to terms","sortOrder":77},{"sectionNumber":"sec.54","sectionType":"section","heading":"According to terms","content":"### sec.54 According to terms\n\nAn enduring document is revoked according to its terms.\nIf an enduring power of attorney is expressed to operate for or during a specified period, it is revoked at the end of the period.\nIf an enduring power of attorney is expressed to operate for a specific purpose, it is revoked when the purpose is achieved.\n- 1 If an enduring power of attorney is expressed to operate for or during a specified period, it is revoked at the end of the period.\n- 2 If an enduring power of attorney is expressed to operate for a specific purpose, it is revoked when the purpose is achieved.","sortOrder":78},{"sectionNumber":"ch.3-pt.5-div.3","sectionType":"division","heading":"Revocation by attorney","content":"## Revocation by attorney","sortOrder":79},{"sectionNumber":"sec.55","sectionType":"section","heading":"Resignation","content":"### sec.55 Resignation\n\nIf an attorney resigns as attorney for a matter, the enduring document is revoked to the extent it gives power to the attorney for the matter.\nAn attorney may resign by signed notice to the principal if the principal has capacity for the matter ( section 72 (Resignation of attorney)) or otherwise with the court’s leave ( section 82 (Resignation of attorney while principal has impaired capacity)).","sortOrder":80},{"sectionNumber":"sec.56","sectionType":"section","heading":"Impaired capacity","content":"### sec.56 Impaired capacity\n\nIf an attorney for a matter becomes a person who has impaired capacity for the matter, the enduring document is revoked to the extent it gives power to the attorney for the matter.","sortOrder":81},{"sectionNumber":"sec.57","sectionType":"section","heading":"Bankruptcy or insolvency","content":"### sec.57 Bankruptcy or insolvency\n\nThis section applies only to enduring powers of attorney.\nIf an individual attorney for a financial matter becomes bankrupt or insolvent or takes advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction, the power of attorney is revoked to the extent it gives power for financial matters to the attorney.\nIf a corporate attorney is wound up or dissolved or a receiver (other than a receiver for a limited purpose) or administrator is appointed of the attorney, the power of attorney is revoked to the extent it gives power to the attorney.\nUnder an enduring power of attorney, X, an individual, exercises power for financial matters generally. X becomes bankrupt. Therefore, the enduring power of attorney is revoked to the extent it gives power for financial matters to X.\nIf X was a joint and several attorney with Y, the enduring power of attorney is only revoked to the extent it gives power to X. Y can continue to exercise the power.\nThe same applies if X was a joint attorney with Y because of section 59A .\nIf X was not a joint and several attorney and the enduring power of attorney gives an alternative or successive attorney power for financial matters, the alternative or next attorney then has power for financial matters.\nIf none of these apply, no-one is able to exercise power for financial matters under the enduring power of attorney.\nSection 59A (Effect of power ending) allows the remaining joint attorney to exercise a power another joint attorney is unable to exercise.\ns 57 amd 2005 No. 70 s 166 sch\n(sec.57-ssec.1) This section applies only to enduring powers of attorney.\n(sec.57-ssec.2) If an individual attorney for a financial matter becomes bankrupt or insolvent or takes advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction, the power of attorney is revoked to the extent it gives power for financial matters to the attorney.\n(sec.57-ssec.3) If a corporate attorney is wound up or dissolved or a receiver (other than a receiver for a limited purpose) or administrator is appointed of the attorney, the power of attorney is revoked to the extent it gives power to the attorney. Under an enduring power of attorney, X, an individual, exercises power for financial matters generally. X becomes bankrupt. Therefore, the enduring power of attorney is revoked to the extent it gives power for financial matters to X. If X was a joint and several attorney with Y, the enduring power of attorney is only revoked to the extent it gives power to X. Y can continue to exercise the power. The same applies if X was a joint attorney with Y because of section 59A . If X was not a joint and several attorney and the enduring power of attorney gives an alternative or successive attorney power for financial matters, the alternative or next attorney then has power for financial matters. If none of these apply, no-one is able to exercise power for financial matters under the enduring power of attorney. Section 59A (Effect of power ending) allows the remaining joint attorney to exercise a power another joint attorney is unable to exercise.","sortOrder":82},{"sectionNumber":"sec.58","sectionType":"section","heading":"Death","content":"### sec.58 Death\n\nWhen an attorney dies, the enduring document is revoked to the extent it gives power to the attorney.","sortOrder":83},{"sectionNumber":"sec.59","sectionType":"section","heading":"Paid carer or health provider","content":"### sec.59 Paid carer or health provider\n\nIf an attorney becomes a paid carer, or health provider, for the principal, the enduring document is revoked to the extent it gives power for a personal matter to the attorney.","sortOrder":84},{"sectionNumber":"sec.59AA","sectionType":"section","heading":"Service provider","content":"### sec.59AA Service provider\n\nIf the attorney becomes the service provider for a residential service where the principal is a resident, the enduring document is revoked to the extent it gives power to the attorney.\ns 59AA ins 2004 No. 43 s 92","sortOrder":85},{"sectionNumber":"sec.59A","sectionType":"section","heading":"Effect of power ending","content":"### sec.59A Effect of power ending\n\nIf an attorney’s power for a matter ends and the attorney was a joint attorney for the matter—\nif, of the joint attorneys, there is 1 remaining attorney, the remaining attorney may exercise power for the matter; and\nif, of the joint attorneys, there are 2 or more remaining attorneys, the remaining attorneys may exercise power for the matter and, if exercising power, must exercise power jointly.\ns 59A ins 2000 No. 8 s 263 sch 3\namd 2002 No. 34 s 40\n- (a) if, of the joint attorneys, there is 1 remaining attorney, the remaining attorney may exercise power for the matter; and\n- (b) if, of the joint attorneys, there are 2 or more remaining attorneys, the remaining attorneys may exercise power for the matter and, if exercising power, must exercise power jointly.","sortOrder":86},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":87},{"sectionNumber":"sec.60","sectionType":"section","heading":"Registration of powers of attorney and instruments revoking powers","content":"### sec.60 Registration of powers of attorney and instruments revoking powers\n\nAn enduring power of attorney may be registered.\nAn instrument revoking an enduring power of attorney may be registered.\nSubject to another Act, if an enduring power of attorney has been registered, it may not, unless a different intention appears from the enduring power of attorney, cease to authorise the attorney to deal with land for the principal until an instrument revoking the enduring power of attorney has been registered.\ns 60 amd 2023 No. 27 s 289 sch 3\n(sec.60-ssec.1) An enduring power of attorney may be registered.\n(sec.60-ssec.2) An instrument revoking an enduring power of attorney may be registered.\n(sec.60-ssec.3) Subject to another Act, if an enduring power of attorney has been registered, it may not, unless a different intention appears from the enduring power of attorney, cease to authorise the attorney to deal with land for the principal until an instrument revoking the enduring power of attorney has been registered.","sortOrder":88},{"sectionNumber":"sec.61","sectionType":"section","heading":"Offence to dishonestly induce the making or revocation of enduring document","content":"### sec.61 Offence to dishonestly induce the making or revocation of enduring document\n\nA person must not dishonestly induce a person to make or revoke an enduring document.\nMaximum penalty—200 penalty units.","sortOrder":89},{"sectionNumber":"sec.61A","sectionType":"section","heading":"Application of ss 61B – 61D","content":"### sec.61A Application of ss 61B – 61D\n\nSections 61B to 61D apply only in relation to an enduring power of attorney.\ns 61A ins 2019 No. 9 s 66","sortOrder":90},{"sectionNumber":"sec.61B","sectionType":"section","heading":"Effect on beneficiary’s interest if property dealt with by attorney","content":"### sec.61B Effect on beneficiary’s interest if property dealt with by attorney\n\nThis section applies to a person who is a beneficiary ( the beneficiary ) under a deceased principal’s will.\nThe beneficiary has the same interest in any surplus money or other property ( the proceeds ) arising from a sale, mortgage, charge, disposition of, or other dealing with, property under the powers given to an attorney under an enduring power of attorney as the beneficiary would have had in the property sold, mortgaged, charged, disposed of or otherwise dealt with, if the sale, mortgage, charge, disposition or other dealing had not happened.\nThe beneficiary is also entitled to—\nany money or other property that is able to be traced as income generated by the proceeds; and\nany capital gain that is generated from the proceeds.\nThis section applies even if the beneficiary is the attorney who sold, mortgaged, charged, disposed of or otherwise dealt with the property.\nThis section applies subject to any order made by the court under section 61D (1) .\ns 61B ins 2019 No. 9 s 66\n(sec.61B-ssec.1) This section applies to a person who is a beneficiary ( the beneficiary ) under a deceased principal’s will.\n(sec.61B-ssec.2) The beneficiary has the same interest in any surplus money or other property ( the proceeds ) arising from a sale, mortgage, charge, disposition of, or other dealing with, property under the powers given to an attorney under an enduring power of attorney as the beneficiary would have had in the property sold, mortgaged, charged, disposed of or otherwise dealt with, if the sale, mortgage, charge, disposition or other dealing had not happened.\n(sec.61B-ssec.3) The beneficiary is also entitled to— any money or other property that is able to be traced as income generated by the proceeds; and any capital gain that is generated from the proceeds.\n(sec.61B-ssec.4) This section applies even if the beneficiary is the attorney who sold, mortgaged, charged, disposed of or otherwise dealt with the property.\n(sec.61B-ssec.5) This section applies subject to any order made by the court under section 61D (1) .\n- (a) any money or other property that is able to be traced as income generated by the proceeds; and\n- (b) any capital gain that is generated from the proceeds.","sortOrder":91},{"sectionNumber":"sec.61C","sectionType":"section","heading":"Attorney not required to keep proceeds and property separate","content":"### sec.61C Attorney not required to keep proceeds and property separate\n\nSection 61B does not require an attorney for a principal who has sold, mortgaged, charged, disposed of, or otherwise dealt with, the principal’s property under the powers given to the attorney, to keep any surplus money or other property arising from the sale, mortgage, charge, disposition or other dealing separate from other property of the principal.\ns 61C ins 2019 No. 9 s 66","sortOrder":92},{"sectionNumber":"sec.61D","sectionType":"section","heading":"Application to court to confirm or vary operation of s 61B","content":"### sec.61D Application to court to confirm or vary operation of s 61B\n\nAn application may be made to the court for—\nan order, including an order to direct a conveyance, deed or other thing to be executed or done, to give effect to section 61B ; or\nan order to ensure a beneficiary under the principal’s will does not gain an unjust and disproportionate advantage or suffer an unjust and disproportionate disadvantage of a kind not contemplated by the will because of the operation of section 61B .\nAn application may be made by—\na beneficiary under the principal’s will; or\nthe personal representative of a deceased beneficiary under the principal’s will; or\nthe personal representative of the principal.\nAn order made under subsection (1) (b) —\nhas effect as if it had been made as a codicil to the principal’s will executed immediately before the principal’s death; and\napplies despite any contrary operation of section 61B .\nAn application under this section must be made to the court within 6 months after the principal’s death.\nThe court may extend the application time.\nThe Succession Act 1981 , section 44 (1) to (4) applies to an application and an order made on it as if the application were an application under part 4 of that Act by a person entitled to make an application.\nDespite section 109A , a reference in this section to the court does not include a reference to the tribunal.\ns 61D ins 2019 No. 9 s 66\n(sec.61D-ssec.1) An application may be made to the court for— an order, including an order to direct a conveyance, deed or other thing to be executed or done, to give effect to section 61B ; or an order to ensure a beneficiary under the principal’s will does not gain an unjust and disproportionate advantage or suffer an unjust and disproportionate disadvantage of a kind not contemplated by the will because of the operation of section 61B .\n(sec.61D-ssec.2) An application may be made by— a beneficiary under the principal’s will; or the personal representative of a deceased beneficiary under the principal’s will; or the personal representative of the principal.\n(sec.61D-ssec.3) An order made under subsection (1) (b) — has effect as if it had been made as a codicil to the principal’s will executed immediately before the principal’s death; and applies despite any contrary operation of section 61B .\n(sec.61D-ssec.4) An application under this section must be made to the court within 6 months after the principal’s death.\n(sec.61D-ssec.5) The court may extend the application time.\n(sec.61D-ssec.6) The Succession Act 1981 , section 44 (1) to (4) applies to an application and an order made on it as if the application were an application under part 4 of that Act by a person entitled to make an application.\n(sec.61D-ssec.7) Despite section 109A , a reference in this section to the court does not include a reference to the tribunal.\n- (a) an order, including an order to direct a conveyance, deed or other thing to be executed or done, to give effect to section 61B ; or\n- (b) an order to ensure a beneficiary under the principal’s will does not gain an unjust and disproportionate advantage or suffer an unjust and disproportionate disadvantage of a kind not contemplated by the will because of the operation of section 61B .\n- (a) a beneficiary under the principal’s will; or\n- (b) the personal representative of a deceased beneficiary under the principal’s will; or\n- (c) the personal representative of the principal.\n- (a) has effect as if it had been made as a codicil to the principal’s will executed immediately before the principal’s death; and\n- (b) applies despite any contrary operation of section 61B .","sortOrder":93},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Provisions applying to attorneys","content":"# Provisions applying to attorneys","sortOrder":94},{"sectionNumber":"sec.65","sectionType":"section","heading":"Application of pt 1","content":"### sec.65 Application of pt 1\n\nExcept where otherwise provided, this part applies to an attorney under—\na general power of attorney made under this Act; or\nan enduring document; or\na power of attorney made otherwise than under this Act, whether before or after its commencement.\ns 65 amd 2023 No. 27 s 289 sch 3\n- (a) a general power of attorney made under this Act; or\n- (b) an enduring document; or\n- (c) a power of attorney made otherwise than under this Act, whether before or after its commencement.","sortOrder":95},{"sectionNumber":"sec.66","sectionType":"section","heading":"Act honestly and with reasonable diligence","content":"### sec.66 Act honestly and with reasonable diligence\n\nAn attorney must exercise power honestly and with reasonable diligence to protect the principal’s interests.\nMaximum penalty—200 penalty units.\nIn addition to any other liability the attorney may incur, the court may order the attorney to compensate the principal for a loss caused by the attorney’s failure to comply with subsection (1) .\n(sec.66-ssec.1) An attorney must exercise power honestly and with reasonable diligence to protect the principal’s interests. Maximum penalty—200 penalty units.\n(sec.66-ssec.2) In addition to any other liability the attorney may incur, the court may order the attorney to compensate the principal for a loss caused by the attorney’s failure to comply with subsection (1) .","sortOrder":96},{"sectionNumber":"sec.67","sectionType":"section","heading":"Subject to terms of document","content":"### sec.67 Subject to terms of document\n\nAn attorney who may exercise a power under a document must, when exercising the power, exercise it subject to the terms of the document.","sortOrder":97},{"sectionNumber":"sec.68","sectionType":"section","heading":null,"content":"### Section sec.68\n\ns 68 om 2000 No. 8 s 263 sch 3","sortOrder":98},{"sectionNumber":"sec.69","sectionType":"section","heading":"Execution of instrument etc.","content":"### sec.69 Execution of instrument etc.\n\nIf necessary or convenient for the exercise of power given to an attorney, the attorney may—\nexecute an instrument with the attorney’s own signature and, despite the fact that the power of attorney was given under hand, if sealing is required or used, with the attorney’s own seal; and\ndo any other thing in the attorney’s own name.\nAn instrument executed by an attorney must be executed in a way showing that the attorney executes it as attorney for the principal.\nAn instrument executed, or thing done, in the way specified in this section is as effective as if executed or done by the principal—\nwith the principal’s signature; or\nwith the principal’s signature and seal; or\nin the principal’s name.\nThis section applies subject to the Property Law Act 2023 , section 52 .\nThis section deals with the execution of documents by corporations.\ns 69 amd 2021 No. 23 s 58 sch 1 ; 2023 No. 27 s 289 sch 3\n(sec.69-ssec.1) If necessary or convenient for the exercise of power given to an attorney, the attorney may— execute an instrument with the attorney’s own signature and, despite the fact that the power of attorney was given under hand, if sealing is required or used, with the attorney’s own seal; and do any other thing in the attorney’s own name.\n(sec.69-ssec.2) An instrument executed by an attorney must be executed in a way showing that the attorney executes it as attorney for the principal.\n(sec.69-ssec.3) An instrument executed, or thing done, in the way specified in this section is as effective as if executed or done by the principal— with the principal’s signature; or with the principal’s signature and seal; or in the principal’s name.\n(sec.69-ssec.4) This section applies subject to the Property Law Act 2023 , section 52 . This section deals with the execution of documents by corporations.\n- (a) execute an instrument with the attorney’s own signature and, despite the fact that the power of attorney was given under hand, if sealing is required or used, with the attorney’s own seal; and\n- (b) do any other thing in the attorney’s own name.\n- (a) with the principal’s signature; or\n- (b) with the principal’s signature and seal; or\n- (c) in the principal’s name.","sortOrder":99},{"sectionNumber":"sec.70","sectionType":"section","heading":"Subject to guardian or administrator","content":"### sec.70 Subject to guardian or administrator\n\nIf a person is appointed under the Guardianship and Administration Act 2000 as guardian or administrator for a principal, an attorney for the principal may exercise power only to the extent authorised by the tribunal.\nIn this section—\nattorney includes a statutory health attorney.\ns 70 amd 2000 No. 8 s 263 sch 3\n(sec.70-ssec.1) If a person is appointed under the Guardianship and Administration Act 2000 as guardian or administrator for a principal, an attorney for the principal may exercise power only to the extent authorised by the tribunal.\n(sec.70-ssec.2) In this section— attorney includes a statutory health attorney.","sortOrder":100},{"sectionNumber":"sec.71","sectionType":"section","heading":"Not exercise revoked power","content":"### sec.71 Not exercise revoked power\n\nAn attorney, who knows a power given to the attorney has been revoked, must not exercise, or purport to exercise, the power.\nMaximum penalty—200 penalty units.","sortOrder":101},{"sectionNumber":"sec.72","sectionType":"section","heading":"Resignation of attorney","content":"### sec.72 Resignation of attorney\n\nAn attorney may resign as attorney for a matter by signed notice given to the principal.\nHowever, for an enduring document, see also section 82 (Resignation of attorney while principal has impaired capacity).\nThis section does not affect another way an attorney may resign allowed by law.\nFor example, an attorney under a power of attorney made under the common law may resign orally.\ns 72 amd 2023 No. 27 s 289 sch 3\n(sec.72-ssec.1) An attorney may resign as attorney for a matter by signed notice given to the principal. However, for an enduring document, see also section 82 (Resignation of attorney while principal has impaired capacity).\n(sec.72-ssec.2) This section does not affect another way an attorney may resign allowed by law. For example, an attorney under a power of attorney made under the common law may resign orally.","sortOrder":102},{"sectionNumber":"sec.73","sectionType":"section","heading":"Avoid conflict transaction","content":"### sec.73 Avoid conflict transaction\n\nAn attorney for a financial matter may enter into a conflict transaction only if the principal, or the court under section 118 (2) , has authorised the transaction, conflict transactions of that type or conflict transactions generally.\nHowever, see section 105 (Relief from personal liability).\nDespite subsection (1) , if an attorney enters into a conflict transaction without obtaining an authorisation mentioned in subsection (1) for the transaction, a conflict transaction of that type or conflict transactions generally, the principal may retrospectively authorise the transaction if the principal has capacity to do so.\nA conflict transaction authorised under subsection (2) is taken to be, and to have always been, as valid as if it had been entered into under an authorisation given by the principal before the attorney entered into the transaction.\nSee also section 118 (3) in relation to the retrospective authorisation of particular transactions by the court.\nSubsection (5) applies if an attorney enters into a conflict transaction without obtaining an authorisation mentioned in subsection (1) .\nTo remove any doubt, it is declared that, until the conflict transaction is authorised under subsection (2) or section 118 (3) , the attorney has acted contrary to subsection (1) .\nA conflict transaction is a transaction in which there may be conflict, or which results in conflict, between—\nthe duty of an attorney towards the principal; and\neither—\nthe interests of the attorney, or a relation, business associate or close friend of the attorney; or\nanother duty of the attorney.\nA conflict transaction happens if an attorney for a financial matter buys the principal’s car.\nA conflict transaction happens if an attorney for a financial matter lends the principal’s money to a close friend of the attorney.\nA conflict transaction happens if an attorney for a financial matter rents the principal’s residential property to the attorney or a relative of the attorney.\nA conflict transaction happens if an attorney for a financial matter uses the principal’s money to pay the personal expenses of the attorney, including, for example, the attorney’s personal travel expenses.\nA conflict transaction happens if an attorney for a financial matter buys the principal’s house.\nA conflict transaction does not happen if an attorney for a financial matter is acting under section 89 to maintain the principal’s dependants.\nHowever, a transaction is not a conflict transaction merely because—\nthe attorney is related to the principal; or\nthe attorney may be a beneficiary of the principal’s estate on the principal’s death; or\nby the transaction the attorney, in the attorney’s own right and on behalf of the principal—\ndeals with an interest in property jointly held; or\nacquires a joint interest in property; or\nobtains a loan or gives a guarantee or indemnity in relation to a transaction mentioned in subparagraph (i) or (ii) .\nAlso, to remove any doubt, it is declared that the making of a gift or donation under section 88 is not a conflict transaction.\nA conflict transaction between an attorney and a person who does not know, or have reason to believe, the transaction is a conflict transaction is, in favour of the person, as valid as if the transaction were not a conflict transaction.\nIn this section—\njoint interest includes an interest as a joint tenant or tenant in common.\ns 73 amd 2019 No. 9 s 68\n(sec.73-ssec.1) An attorney for a financial matter may enter into a conflict transaction only if the principal, or the court under section 118 (2) , has authorised the transaction, conflict transactions of that type or conflict transactions generally. However, see section 105 (Relief from personal liability).\n(sec.73-ssec.2) Despite subsection (1) , if an attorney enters into a conflict transaction without obtaining an authorisation mentioned in subsection (1) for the transaction, a conflict transaction of that type or conflict transactions generally, the principal may retrospectively authorise the transaction if the principal has capacity to do so.\n(sec.73-ssec.3) A conflict transaction authorised under subsection (2) is taken to be, and to have always been, as valid as if it had been entered into under an authorisation given by the principal before the attorney entered into the transaction. See also section 118 (3) in relation to the retrospective authorisation of particular transactions by the court.\n(sec.73-ssec.4) Subsection (5) applies if an attorney enters into a conflict transaction without obtaining an authorisation mentioned in subsection (1) .\n(sec.73-ssec.5) To remove any doubt, it is declared that, until the conflict transaction is authorised under subsection (2) or section 118 (3) , the attorney has acted contrary to subsection (1) .\n(sec.73-ssec.6) A conflict transaction is a transaction in which there may be conflict, or which results in conflict, between— the duty of an attorney towards the principal; and either— the interests of the attorney, or a relation, business associate or close friend of the attorney; or another duty of the attorney. A conflict transaction happens if an attorney for a financial matter buys the principal’s car. A conflict transaction happens if an attorney for a financial matter lends the principal’s money to a close friend of the attorney. A conflict transaction happens if an attorney for a financial matter rents the principal’s residential property to the attorney or a relative of the attorney. A conflict transaction happens if an attorney for a financial matter uses the principal’s money to pay the personal expenses of the attorney, including, for example, the attorney’s personal travel expenses. A conflict transaction happens if an attorney for a financial matter buys the principal’s house. A conflict transaction does not happen if an attorney for a financial matter is acting under section 89 to maintain the principal’s dependants.\n(sec.73-ssec.7) However, a transaction is not a conflict transaction merely because— the attorney is related to the principal; or the attorney may be a beneficiary of the principal’s estate on the principal’s death; or by the transaction the attorney, in the attorney’s own right and on behalf of the principal— deals with an interest in property jointly held; or acquires a joint interest in property; or obtains a loan or gives a guarantee or indemnity in relation to a transaction mentioned in subparagraph (i) or (ii) .\n(sec.73-ssec.8) Also, to remove any doubt, it is declared that the making of a gift or donation under section 88 is not a conflict transaction.\n(sec.73-ssec.9) A conflict transaction between an attorney and a person who does not know, or have reason to believe, the transaction is a conflict transaction is, in favour of the person, as valid as if the transaction were not a conflict transaction.\n(sec.73-ssec.10) In this section— joint interest includes an interest as a joint tenant or tenant in common.\n- (a) the duty of an attorney towards the principal; and\n- (b) either— (i) the interests of the attorney, or a relation, business associate or close friend of the attorney; or (ii) another duty of the attorney.\n- (i) the interests of the attorney, or a relation, business associate or close friend of the attorney; or\n- (ii) another duty of the attorney.\n- (i) the interests of the attorney, or a relation, business associate or close friend of the attorney; or\n- (ii) another duty of the attorney.\n- 1 A conflict transaction happens if an attorney for a financial matter buys the principal’s car.\n- 2 A conflict transaction happens if an attorney for a financial matter lends the principal’s money to a close friend of the attorney.\n- 3 A conflict transaction happens if an attorney for a financial matter rents the principal’s residential property to the attorney or a relative of the attorney.\n- 4 A conflict transaction happens if an attorney for a financial matter uses the principal’s money to pay the personal expenses of the attorney, including, for example, the attorney’s personal travel expenses.\n- 5 A conflict transaction happens if an attorney for a financial matter buys the principal’s house.\n- 6 A conflict transaction does not happen if an attorney for a financial matter is acting under section 89 to maintain the principal’s dependants.\n- (a) the attorney is related to the principal; or\n- (b) the attorney may be a beneficiary of the principal’s estate on the principal’s death; or\n- (c) by the transaction the attorney, in the attorney’s own right and on behalf of the principal— (i) deals with an interest in property jointly held; or (ii) acquires a joint interest in property; or (iii) obtains a loan or gives a guarantee or indemnity in relation to a transaction mentioned in subparagraph (i) or (ii) .\n- (i) deals with an interest in property jointly held; or\n- (ii) acquires a joint interest in property; or\n- (iii) obtains a loan or gives a guarantee or indemnity in relation to a transaction mentioned in subparagraph (i) or (ii) .\n- (i) deals with an interest in property jointly held; or\n- (ii) acquires a joint interest in property; or\n- (iii) obtains a loan or gives a guarantee or indemnity in relation to a transaction mentioned in subparagraph (i) or (ii) .","sortOrder":103},{"sectionNumber":"sec.74","sectionType":"section","heading":"Protected use of confidential information","content":"### sec.74 Protected use of confidential information\n\nDespite section 74A , an attorney, including a statutory health attorney, may disclose confidential information that relates only to a particular person to the particular person.\nIf an attorney, including a statutory health attorney, gains confidential information because of being an attorney, or because of an opportunity given by being an attorney, the person may use the information for the purposes of this Act or as provided under subsection (3) .\nConfidential information may be used—\nif authorised or required under a regulation or another law; or\nfor a proceeding arising out of or in connection with this Act; or\nif authorised by the person to whom the information relates; or\nif authorised by the court or the tribunal in the interests of justice; or\nif necessary to prevent a serious risk to a person’s life, health or safety; or\nfor the purpose of obtaining legal or financial advice; or\nif reasonably necessary to obtain counselling, advice or other treatment; or\nin reporting a suspected offence to a police officer or assisting a police officer in the investigation of a suspected offence; or\nin assisting the public guardian, the public advocate or a public service officer in the performance of functions under this Act, the Guardianship and Administration Act 2000 or the Public Guardian Act 2014 .\nIn this section—\nconfidential information includes information about a person’s affairs but does not include—\ninformation within the public domain unless further disclosure of the information is prohibited by law; or\nstatistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates; or\ninformation about a guardianship proceeding.\nguardianship proceeding see Guardianship and Administration Act 2000 , schedule 4 .\nuse , confidential information, includes disclose or publish.\ns 74 amd 2005 No. 70 s 126B\nsub 2008 No. 54 s 24\namd 2012 No. 37 s 51 sch ; 2014 No. 26 s 268\n(sec.74-ssec.1) Despite section 74A , an attorney, including a statutory health attorney, may disclose confidential information that relates only to a particular person to the particular person.\n(sec.74-ssec.2) If an attorney, including a statutory health attorney, gains confidential information because of being an attorney, or because of an opportunity given by being an attorney, the person may use the information for the purposes of this Act or as provided under subsection (3) .\n(sec.74-ssec.3) Confidential information may be used— if authorised or required under a regulation or another law; or for a proceeding arising out of or in connection with this Act; or if authorised by the person to whom the information relates; or if authorised by the court or the tribunal in the interests of justice; or if necessary to prevent a serious risk to a person’s life, health or safety; or for the purpose of obtaining legal or financial advice; or if reasonably necessary to obtain counselling, advice or other treatment; or in reporting a suspected offence to a police officer or assisting a police officer in the investigation of a suspected offence; or in assisting the public guardian, the public advocate or a public service officer in the performance of functions under this Act, the Guardianship and Administration Act 2000 or the Public Guardian Act 2014 .\n(sec.74-ssec.4) In this section— confidential information includes information about a person’s affairs but does not include— information within the public domain unless further disclosure of the information is prohibited by law; or statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates; or information about a guardianship proceeding. guardianship proceeding see Guardianship and Administration Act 2000 , schedule 4 . use , confidential information, includes disclose or publish.\n- (a) if authorised or required under a regulation or another law; or\n- (b) for a proceeding arising out of or in connection with this Act; or\n- (c) if authorised by the person to whom the information relates; or\n- (d) if authorised by the court or the tribunal in the interests of justice; or\n- (e) if necessary to prevent a serious risk to a person’s life, health or safety; or\n- (f) for the purpose of obtaining legal or financial advice; or\n- (g) if reasonably necessary to obtain counselling, advice or other treatment; or\n- (h) in reporting a suspected offence to a police officer or assisting a police officer in the investigation of a suspected offence; or\n- (i) in assisting the public guardian, the public advocate or a public service officer in the performance of functions under this Act, the Guardianship and Administration Act 2000 or the Public Guardian Act 2014 .\n- (a) information within the public domain unless further disclosure of the information is prohibited by law; or\n- (b) statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates; or\n- (c) information about a guardianship proceeding.","sortOrder":104},{"sectionNumber":"sec.74A","sectionType":"section","heading":"Prohibited use of confidential information","content":"### sec.74A Prohibited use of confidential information\n\nAn attorney, including a statutory health attorney, must not use confidential information gained because of being an attorney, or because of an opportunity given by being an attorney, other than as provided under section 74 , unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIn this section—\nconfidential information see section 74 .\nuse , confidential information, see section 74 .\ns 74A ins 2008 No. 54 s 24\n(sec.74A-ssec.1) An attorney, including a statutory health attorney, must not use confidential information gained because of being an attorney, or because of an opportunity given by being an attorney, other than as provided under section 74 , unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.74A-ssec.2) In this section— confidential information see section 74 . use , confidential information, see section 74 .","sortOrder":105},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Provisions applying to attorneys under enduring documents and statutory health attorneys","content":"# Provisions applying to attorneys under enduring documents and statutory health attorneys","sortOrder":106},{"sectionNumber":"sec.75","sectionType":"section","heading":"Application of pt 2","content":"### sec.75 Application of pt 2\n\nExcept where otherwise provided, this part applies to—\nan attorney under an enduring document; and\na statutory health attorney.\n- (a) an attorney under an enduring document; and\n- (b) a statutory health attorney.","sortOrder":107},{"sectionNumber":"sec.76","sectionType":"section","heading":null,"content":"### Section sec.76\n\ns 76 om 2019 No. 9 s 69","sortOrder":108},{"sectionNumber":"sec.77","sectionType":"section","heading":"Attorney has maximum power if not otherwise stated","content":"### sec.77 Attorney has maximum power if not otherwise stated\n\nTo the extent an enduring document does not state otherwise, an attorney is taken to have the maximum power that could be given to the attorney by the enduring document.\nIf an adult’s enduring power of attorney merely states that ‘I appoint [full name] as my attorney’, the appointee is taken to have power for all financial matters and all personal matters for the adult.","sortOrder":109},{"sectionNumber":"sec.78","sectionType":"section","heading":"Multiple attorneys are joint if not otherwise stated","content":"### sec.78 Multiple attorneys are joint if not otherwise stated\n\nTwo or more attorneys for a matter are appointed as joint attorneys for the matter if the enduring document does not state how they are to share the power given to them.","sortOrder":110},{"sectionNumber":"sec.79","sectionType":"section","heading":"Consult with principal’s other appointees or attorneys","content":"### sec.79 Consult with principal’s other appointees or attorneys\n\nIf there are 2 or more persons who are guardian, administrator or attorney for a principal, the persons must consult with one another on a regular basis to ensure the principal’s interests are not prejudiced by a breakdown in communication between them.\nNote the Guardianship and Administration Act 2000 , sections 41 (Disagreement about matter other than health matter), 42 (Disagreement about health matter) and 43 (Acting contrary to general principles or health care principles).\nHowever, failure to comply with subsection (1) does not affect the validity of an exercise of power by a guardian, administrator or attorney.\ns 79 sub 2000 No. 8 s 263 sch 3\namd 2019 No. 9 s 98 sch 1\n(sec.79-ssec.1) If there are 2 or more persons who are guardian, administrator or attorney for a principal, the persons must consult with one another on a regular basis to ensure the principal’s interests are not prejudiced by a breakdown in communication between them. Note the Guardianship and Administration Act 2000 , sections 41 (Disagreement about matter other than health matter), 42 (Disagreement about health matter) and 43 (Acting contrary to general principles or health care principles).\n(sec.79-ssec.2) However, failure to comply with subsection (1) does not affect the validity of an exercise of power by a guardian, administrator or attorney.","sortOrder":111},{"sectionNumber":"sec.80","sectionType":"section","heading":"Act together with joint attorneys","content":"### sec.80 Act together with joint attorneys\n\nAttorneys for a principal who may exercise power for a matter jointly must exercise the power unanimously unless the enduring document concerned provides otherwise.\nIf it is impracticable or impossible to exercise the power unanimously, 1 or more of the attorneys, or another interested person for the adult, may apply for directions to the court.\ns 80 sub 2000 No. 8 s 263 sch 3\n(sec.80-ssec.1) Attorneys for a principal who may exercise power for a matter jointly must exercise the power unanimously unless the enduring document concerned provides otherwise.\n(sec.80-ssec.2) If it is impracticable or impossible to exercise the power unanimously, 1 or more of the attorneys, or another interested person for the adult, may apply for directions to the court.","sortOrder":112},{"sectionNumber":"sec.81","sectionType":"section","heading":"Right of attorney to information","content":"### sec.81 Right of attorney to information\n\nAn attorney has a right to all the information that the principal would have been entitled to if the principal had capacity and that is necessary to make, for the principal, informed decisions about anything the attorney is authorised to do.\nA person who has custody or control of the information must disclose the information to the attorney on request.\nThis section overrides—\nany restriction, in an Act or the common law, about the disclosure or confidentiality of information; and\nfor an attorney under an enduring power of attorney—any claim of confidentiality or privilege, including a claim based on legal professional privilege; and\nfor another attorney—any claim of confidentiality or privilege, excluding a claim based on legal professional privilege.\n(sec.81-ssec.1) An attorney has a right to all the information that the principal would have been entitled to if the principal had capacity and that is necessary to make, for the principal, informed decisions about anything the attorney is authorised to do.\n(sec.81-ssec.2) A person who has custody or control of the information must disclose the information to the attorney on request.\n(sec.81-ssec.3) This section overrides— any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and for an attorney under an enduring power of attorney—any claim of confidentiality or privilege, including a claim based on legal professional privilege; and for another attorney—any claim of confidentiality or privilege, excluding a claim based on legal professional privilege.\n- (a) any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and\n- (b) for an attorney under an enduring power of attorney—any claim of confidentiality or privilege, including a claim based on legal professional privilege; and\n- (c) for another attorney—any claim of confidentiality or privilege, excluding a claim based on legal professional privilege.","sortOrder":113},{"sectionNumber":"sec.82","sectionType":"section","heading":"Resignation of attorney while principal has impaired capacity","content":"### sec.82 Resignation of attorney while principal has impaired capacity\n\nDespite section 72 , while a principal has impaired capacity for a matter, an attorney under an enduring document may only resign as attorney for the matter with the court’s leave.\nIf the court gives leave for an attorney to resign for a matter, the court may appoint a new attorney to replace the attorney for the matter.\nThe court is not limited to appointing an eligible attorney (defined in section 29 ) as the new attorney.\n(sec.82-ssec.1) Despite section 72 , while a principal has impaired capacity for a matter, an attorney under an enduring document may only resign as attorney for the matter with the court’s leave.\n(sec.82-ssec.2) If the court gives leave for an attorney to resign for a matter, the court may appoint a new attorney to replace the attorney for the matter. The court is not limited to appointing an eligible attorney (defined in section 29 ) as the new attorney.","sortOrder":114},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Provisions about financial matters","content":"# Provisions about financial matters","sortOrder":115},{"sectionNumber":"sec.83","sectionType":"section","heading":"Application","content":"### sec.83 Application\n\nExcept where otherwise provided, this part applies only to enduring powers of attorney.\ns 83 amd 2023 No. 27 s 289 sch 3","sortOrder":116},{"sectionNumber":"sec.84","sectionType":"section","heading":"Power to invest","content":"### sec.84 Power to invest\n\nAn attorney for financial matters may invest only in authorised investments.\nHowever, if, when the power became exercisable, the principal had investments that were not authorised investments, an attorney for financial matters may continue the investments, including by taking rights to issues of new shares, or options for new shares, to which the principal becomes entitled by the principal’s existing shareholding.\nIn this section—\nauthorised investment means—\nan investment which, if the investment were of trust funds by a trustee, would be an investment by the trustee exercising a power of investment under the Trusts Act 1973 , part 3 ; or\nan investment approved by the tribunal.\ns 84 amd 2000 No. 8 s 263 sch 3 ; 2023 No. 27 s 289 sch 3\n(sec.84-ssec.1) An attorney for financial matters may invest only in authorised investments.\n(sec.84-ssec.2) However, if, when the power became exercisable, the principal had investments that were not authorised investments, an attorney for financial matters may continue the investments, including by taking rights to issues of new shares, or options for new shares, to which the principal becomes entitled by the principal’s existing shareholding.\n(sec.84-ssec.3) In this section— authorised investment means— an investment which, if the investment were of trust funds by a trustee, would be an investment by the trustee exercising a power of investment under the Trusts Act 1973 , part 3 ; or an investment approved by the tribunal.\n- (a) an investment which, if the investment were of trust funds by a trustee, would be an investment by the trustee exercising a power of investment under the Trusts Act 1973 , part 3 ; or\n- (b) an investment approved by the tribunal.","sortOrder":117},{"sectionNumber":"sec.85","sectionType":"section","heading":"Keep records","content":"### sec.85 Keep records\n\nAn attorney for a financial matter must keep and preserve accurate records and accounts of all dealings and transactions made under the power.\nUnder the Public Guardian Act 2014 , section 21 , the public guardian may have the accounts audited.\ns 85 amd 2002 No. 34 s 41 ; 2014 No. 26 s 269","sortOrder":118},{"sectionNumber":"sec.86","sectionType":"section","heading":"Keep property separate","content":"### sec.86 Keep property separate\n\nAn attorney for a financial matter must keep the attorney’s property separate from the principal’s property.\nMaximum penalty—300 penalty units.\nSubsection (1) does not apply to—\nproperty owned jointly by the principal and attorney; or\nproperty acquired jointly by the principal and attorney in place of property owned jointly by the principal and attorney.\nSubsection (1) does not affect another obligation imposed by law.\ns 86 amd 2003 No. 87 s 55\n(sec.86-ssec.1) An attorney for a financial matter must keep the attorney’s property separate from the principal’s property. Maximum penalty—300 penalty units.\n(sec.86-ssec.2) Subsection (1) does not apply to— property owned jointly by the principal and attorney; or property acquired jointly by the principal and attorney in place of property owned jointly by the principal and attorney.\n(sec.86-ssec.3) Subsection (1) does not affect another obligation imposed by law.\n- (a) property owned jointly by the principal and attorney; or\n- (b) property acquired jointly by the principal and attorney in place of property owned jointly by the principal and attorney.","sortOrder":119},{"sectionNumber":"sec.87","sectionType":"section","heading":"Presumption of undue influence","content":"### sec.87 Presumption of undue influence\n\nThe fact that a transaction is between a principal and 1 or more of the following—\nan attorney under an enduring power of attorney or advance health directive;\na relation, business associate or close friend of the attorney;\ngives rise to a presumption in the principal’s favour that the principal was induced to enter the transaction by the attorney’s undue influence.\n- (a) an attorney under an enduring power of attorney or advance health directive;\n- (b) a relation, business associate or close friend of the attorney;","sortOrder":120},{"sectionNumber":"sec.88","sectionType":"section","heading":"Gifts and donations","content":"### sec.88 Gifts and donations\n\nUnless otherwise authorised under this Act, an attorney for a principal may give away or donate the principal’s property only if—\nthe gift or donation is—\nof the nature the principal made when the principal had capacity; or\nof the nature the principal might reasonably be expected to make; and\nthe value of the gift or donation is not more than what is reasonable having regard to all the circumstances and, in particular, the principal’s financial circumstances.\nThe attorney, or a charity with which the attorney has a connection, is not precluded from receiving a gift or donation under subsection (1) .\ns 88 sub 2019 No. 9 s 70\n(sec.88-ssec.1) Unless otherwise authorised under this Act, an attorney for a principal may give away or donate the principal’s property only if— the gift or donation is— of the nature the principal made when the principal had capacity; or of the nature the principal might reasonably be expected to make; and the value of the gift or donation is not more than what is reasonable having regard to all the circumstances and, in particular, the principal’s financial circumstances.\n(sec.88-ssec.2) The attorney, or a charity with which the attorney has a connection, is not precluded from receiving a gift or donation under subsection (1) .\n- (a) the gift or donation is— (i) of the nature the principal made when the principal had capacity; or (ii) of the nature the principal might reasonably be expected to make; and\n- (i) of the nature the principal made when the principal had capacity; or\n- (ii) of the nature the principal might reasonably be expected to make; and\n- (b) the value of the gift or donation is not more than what is reasonable having regard to all the circumstances and, in particular, the principal’s financial circumstances.\n- (i) of the nature the principal made when the principal had capacity; or\n- (ii) of the nature the principal might reasonably be expected to make; and","sortOrder":121},{"sectionNumber":"sec.89","sectionType":"section","heading":"Maintain principal’s dependants","content":"### sec.89 Maintain principal’s dependants\n\nAn attorney for financial matters for an individual may provide from the principal’s estate for the needs of a dependant of the principal.\nHowever, unless there is a contrary intention expressed in the enduring power of attorney, what is provided must not be more than what is reasonable having regard to all the circumstances and, in particular, the principal’s financial circumstances.\n(sec.89-ssec.1) An attorney for financial matters for an individual may provide from the principal’s estate for the needs of a dependant of the principal.\n(sec.89-ssec.2) However, unless there is a contrary intention expressed in the enduring power of attorney, what is provided must not be more than what is reasonable having regard to all the circumstances and, in particular, the principal’s financial circumstances.","sortOrder":122},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":123},{"sectionNumber":"sec.90","sectionType":"section","heading":null,"content":"### Section sec.90\n\ns 90 om 2000 No. 8 s 263 sch 3","sortOrder":124},{"sectionNumber":"sec.91","sectionType":"section","heading":null,"content":"### Section sec.91\n\ns 91 om 2000 No. 8 s 263 sch 3","sortOrder":125},{"sectionNumber":"sec.92","sectionType":"section","heading":null,"content":"### Section sec.92\n\ns 92 om 2000 No. 8 s 263 sch 3","sortOrder":126},{"sectionNumber":"sec.93","sectionType":"section","heading":null,"content":"### Section sec.93\n\ns 93 om 2000 No. 8 s 263 sch 3","sortOrder":127},{"sectionNumber":"sec.94","sectionType":"section","heading":null,"content":"### Section sec.94\n\ns 94 om 2000 No. 8 s 263 sch 3","sortOrder":128},{"sectionNumber":"sec.95","sectionType":"section","heading":null,"content":"### Section sec.95\n\ns 95 om 2000 No. 8 s 263 sch 3","sortOrder":129},{"sectionNumber":"ch.5-pt.5","sectionType":"part","heading":"Protection and relief from liability","content":"# Protection and relief from liability","sortOrder":130},{"sectionNumber":"sec.96","sectionType":"section","heading":"Definitions for part","content":"### sec.96 Definitions for part\n\nIn this part—\ninvalidity —\nin relation to an advance health directive, means invalidity because—\nthe advance health directive was made in another State in purported compliance with the requirements of the law of that other State but does not comply with that State’s requirements; or\nthe advance health directive has been revoked; or\nin relation to a power under a document, means invalidity because—\nthe document was made in another jurisdiction in purported compliance with the requirements of the law of that other jurisdiction but does not comply with that jurisdiction’s requirements; or\nthe document has been revoked wholly or to the extent it gives the power; or\nthe power is not exercisable at the time it is purportedly exercised.\nknow —\nin relation to the invalidity of an advance health directive, includes—\nknow of the happening of an event that invalidates the directive; or\nhave reason to believe the directive is invalid; or\nin relation to the invalidity of a power under a document, includes—\nknow of the happening of an event that invalidates the power; or\nhave reason to believe the power is invalid.\ns 96 sub 2019 No. 9 s 71\n- (a) in relation to an advance health directive, means invalidity because— (i) the advance health directive was made in another State in purported compliance with the requirements of the law of that other State but does not comply with that State’s requirements; or (ii) the advance health directive has been revoked; or\n- (i) the advance health directive was made in another State in purported compliance with the requirements of the law of that other State but does not comply with that State’s requirements; or\n- (ii) the advance health directive has been revoked; or\n- (b) in relation to a power under a document, means invalidity because— (i) the document was made in another jurisdiction in purported compliance with the requirements of the law of that other jurisdiction but does not comply with that jurisdiction’s requirements; or (ii) the document has been revoked wholly or to the extent it gives the power; or (iii) the power is not exercisable at the time it is purportedly exercised.\n- (i) the document was made in another jurisdiction in purported compliance with the requirements of the law of that other jurisdiction but does not comply with that jurisdiction’s requirements; or\n- (ii) the document has been revoked wholly or to the extent it gives the power; or\n- (iii) the power is not exercisable at the time it is purportedly exercised.\n- (i) the advance health directive was made in another State in purported compliance with the requirements of the law of that other State but does not comply with that State’s requirements; or\n- (ii) the advance health directive has been revoked; or\n- (i) the document was made in another jurisdiction in purported compliance with the requirements of the law of that other jurisdiction but does not comply with that jurisdiction’s requirements; or\n- (ii) the document has been revoked wholly or to the extent it gives the power; or\n- (iii) the power is not exercisable at the time it is purportedly exercised.\n- (a) in relation to the invalidity of an advance health directive, includes— (i) know of the happening of an event that invalidates the directive; or (ii) have reason to believe the directive is invalid; or\n- (i) know of the happening of an event that invalidates the directive; or\n- (ii) have reason to believe the directive is invalid; or\n- (b) in relation to the invalidity of a power under a document, includes— (i) know of the happening of an event that invalidates the power; or (ii) have reason to believe the power is invalid.\n- (i) know of the happening of an event that invalidates the power; or\n- (ii) have reason to believe the power is invalid.\n- (i) know of the happening of an event that invalidates the directive; or\n- (ii) have reason to believe the directive is invalid; or\n- (i) know of the happening of an event that invalidates the power; or\n- (ii) have reason to believe the power is invalid.","sortOrder":131},{"sectionNumber":"sec.97","sectionType":"section","heading":"Protection if court advice, directions or recommendations","content":"### sec.97 Protection if court advice, directions or recommendations\n\nAn attorney who acts in compliance with the court’s advice, directions or recommendations is taken to have complied with this Act unless the attorney knowingly gave the court false or misleading information relevant to the court’s advice, directions or recommendations.","sortOrder":132},{"sectionNumber":"sec.98","sectionType":"section","heading":"Protection for attorney if unaware of invalidity","content":"### sec.98 Protection for attorney if unaware of invalidity\n\nThis section applies to an attorney under—\na general power of attorney made under this Act; or\nan enduring document; or\na power of attorney made otherwise than under this Act, whether before or after its commencement.\nAn attorney who, without knowing a power is invalid, purports to exercise the power does not incur any liability, either to the principal or anyone else, because of the invalidity.\nSee section 113 (Declaration about validity).\n(sec.98-ssec.1) This section applies to an attorney under— a general power of attorney made under this Act; or an enduring document; or a power of attorney made otherwise than under this Act, whether before or after its commencement.\n(sec.98-ssec.2) An attorney who, without knowing a power is invalid, purports to exercise the power does not incur any liability, either to the principal or anyone else, because of the invalidity. See section 113 (Declaration about validity).\n- (a) a general power of attorney made under this Act; or\n- (b) an enduring document; or\n- (c) a power of attorney made otherwise than under this Act, whether before or after its commencement.","sortOrder":133},{"sectionNumber":"sec.99","sectionType":"section","heading":"Protection for person dealing with attorney and next person if unaware of invalidity","content":"### sec.99 Protection for person dealing with attorney and next person if unaware of invalidity\n\nA person who—\ndeals with an attorney under a general power of attorney made under this Act, or an enduring document, (the document ); and\ndoes not know, or have reason to believe, the principal did not have capacity to make the document;\nis entitled to rely on the certificate of the witness to the document as evidence of the principal’s capacity to make the document.\nA transaction between—\nan attorney purporting to use a power that is invalid; and\nsomeone else (the third person ) who does not know of the invalidity;\nis, in favour of the third person, as valid as if the power were not invalid.\nIf the interest of a purchaser depends on whether a transaction between an attorney and a third person was valid because of subsection (2) , it is conclusively presumed in favour of the purchaser that the third person did not at the material time know of the invalidity of the attorney’s power if—\nthe third person makes a statutory declaration before or within 3 months after the completion of the purchase that the third person did not at the material time know of the invalidity of the attorney’s power; or\nthe transaction between the attorney and the third person was completed within 1 year after the power of attorney was made.\nIn subsections (2) and (3) —\nattorney means an attorney under—\na general power of attorney made under this Act; or\nan enduring document; or\na power of attorney made otherwise than under this Act, whether before or after its commencement.\ns 99 amd 2023 No. 27 s 289 sch 3\n(sec.99-ssec.1) A person who— deals with an attorney under a general power of attorney made under this Act, or an enduring document, (the document ); and does not know, or have reason to believe, the principal did not have capacity to make the document; is entitled to rely on the certificate of the witness to the document as evidence of the principal’s capacity to make the document.\n(sec.99-ssec.2) A transaction between— an attorney purporting to use a power that is invalid; and someone else (the third person ) who does not know of the invalidity; is, in favour of the third person, as valid as if the power were not invalid.\n(sec.99-ssec.3) If the interest of a purchaser depends on whether a transaction between an attorney and a third person was valid because of subsection (2) , it is conclusively presumed in favour of the purchaser that the third person did not at the material time know of the invalidity of the attorney’s power if— the third person makes a statutory declaration before or within 3 months after the completion of the purchase that the third person did not at the material time know of the invalidity of the attorney’s power; or the transaction between the attorney and the third person was completed within 1 year after the power of attorney was made.\n(sec.99-ssec.4) In subsections (2) and (3) — attorney means an attorney under— a general power of attorney made under this Act; or an enduring document; or a power of attorney made otherwise than under this Act, whether before or after its commencement.\n- (a) deals with an attorney under a general power of attorney made under this Act, or an enduring document, (the document ); and\n- (b) does not know, or have reason to believe, the principal did not have capacity to make the document;\n- (a) an attorney purporting to use a power that is invalid; and\n- (b) someone else (the third person ) who does not know of the invalidity;\n- (a) the third person makes a statutory declaration before or within 3 months after the completion of the purchase that the third person did not at the material time know of the invalidity of the attorney’s power; or\n- (b) the transaction between the attorney and the third person was completed within 1 year after the power of attorney was made.\n- (a) a general power of attorney made under this Act; or\n- (b) an enduring document; or\n- (c) a power of attorney made otherwise than under this Act, whether before or after its commencement.","sortOrder":134},{"sectionNumber":"sec.100","sectionType":"section","heading":"Additional protection if unaware of invalidity in health context","content":"### sec.100 Additional protection if unaware of invalidity in health context\n\nThis section applies if a person, other than an attorney, in good faith and without knowing that an advance health directive or a power for a health matter under an enduring document is invalid or a direction in an advance health directive does not operate, acts in reliance on the advance health directive, power or direction.\nSee section 36 in relation to the operation of a direction in an advance health directive.\nThe person does not incur any liability, either to the adult or anyone else, because of the invalidity of the advance health directive or power or the inoperative direction.\ns 100 sub 2019 No. 9 s 72\n(sec.100-ssec.1) This section applies if a person, other than an attorney, in good faith and without knowing that an advance health directive or a power for a health matter under an enduring document is invalid or a direction in an advance health directive does not operate, acts in reliance on the advance health directive, power or direction. See section 36 in relation to the operation of a direction in an advance health directive.\n(sec.100-ssec.2) The person does not incur any liability, either to the adult or anyone else, because of the invalidity of the advance health directive or power or the inoperative direction.","sortOrder":135},{"sectionNumber":"sec.101","sectionType":"section","heading":"No less protection than if adult gave health consent","content":"### sec.101 No less protection than if adult gave health consent\n\nA person, other than an attorney, acting in accordance with a direction in an advance health directive, or a decision of an attorney for a health matter, is not liable for an act or omission to any greater extent than if the act or omission happened with the principal’s consent and the principal had capacity to consent.","sortOrder":136},{"sectionNumber":"sec.102","sectionType":"section","heading":"Protection of health provider unaware of advance health directive","content":"### sec.102 Protection of health provider unaware of advance health directive\n\nA health provider is not affected by an adult’s advance health directive to the extent the health provider, acting in good faith, does not know the adult has an advance health directive.\ns 102 amd 2019 No. 9 s 73","sortOrder":137},{"sectionNumber":"sec.103","sectionType":"section","heading":"Protection of health provider for non-compliance with advance health directive","content":"### sec.103 Protection of health provider for non-compliance with advance health directive\n\nThis section applies if a health provider has reasonable grounds to believe that a direction in an advance health directive is uncertain or inconsistent with good medical practice or that circumstances, including advances in medical science, have changed to the extent that the terms of the direction are inappropriate.\nThe health provider does not incur any liability, either to the adult or anyone else, if the health provider does not act in accordance with the direction.\nHowever, if an attorney is appointed under the advance health directive, the health provider has reasonable grounds to believe that a direction in the advance health directive is uncertain only if, among other things, the health provider has consulted the attorney about the direction.\ns 103 amd 2001 No. 95 s 26\n(sec.103-ssec.1) This section applies if a health provider has reasonable grounds to believe that a direction in an advance health directive is uncertain or inconsistent with good medical practice or that circumstances, including advances in medical science, have changed to the extent that the terms of the direction are inappropriate.\n(sec.103-ssec.2) The health provider does not incur any liability, either to the adult or anyone else, if the health provider does not act in accordance with the direction.\n(sec.103-ssec.3) However, if an attorney is appointed under the advance health directive, the health provider has reasonable grounds to believe that a direction in the advance health directive is uncertain only if, among other things, the health provider has consulted the attorney about the direction.","sortOrder":138},{"sectionNumber":"sec.104","sectionType":"section","heading":"Protection for person carrying out forensic examination with consent","content":"### sec.104 Protection for person carrying out forensic examination with consent\n\nA person carrying out a forensic examination of a principal to which an attorney for the principal has consented is not liable for an act or omission to any greater extent than if the act or omission happened with the principal’s consent and the principal had capacity to consent.\nA forensic examination, to which the attorney has consented, is not unlawful.\ns 104 prev s 104 om 2000 No. 8 s 263 sch 3\npres s 104 ins 2003 No. 87 s 56\n(sec.104-ssec.1) A person carrying out a forensic examination of a principal to which an attorney for the principal has consented is not liable for an act or omission to any greater extent than if the act or omission happened with the principal’s consent and the principal had capacity to consent.\n(sec.104-ssec.2) A forensic examination, to which the attorney has consented, is not unlawful.","sortOrder":139},{"sectionNumber":"sec.105","sectionType":"section","heading":"Relief from personal liability","content":"### sec.105 Relief from personal liability\n\nIf the court considers—\nan attorney is, or may be, personally liable for a breach of this Act; and\nthe attorney has acted honestly and reasonably and ought fairly to be excused for the breach;\nthe court may relieve the attorney from all or part of the attorney’s personal liability for the breach.\nIn this section—\nattorney means—\nan attorney under a general power of attorney made under this Act; or\nan attorney under an enduring document; or\nan attorney under a power of attorney made otherwise than under this Act, whether before or after its commencement; or\na statutory health attorney.\n(sec.105-ssec.1) If the court considers— an attorney is, or may be, personally liable for a breach of this Act; and the attorney has acted honestly and reasonably and ought fairly to be excused for the breach; the court may relieve the attorney from all or part of the attorney’s personal liability for the breach.\n(sec.105-ssec.2) In this section— attorney means— an attorney under a general power of attorney made under this Act; or an attorney under an enduring document; or an attorney under a power of attorney made otherwise than under this Act, whether before or after its commencement; or a statutory health attorney.\n- (a) an attorney is, or may be, personally liable for a breach of this Act; and\n- (b) the attorney has acted honestly and reasonably and ought fairly to be excused for the breach;\n- (a) an attorney under a general power of attorney made under this Act; or\n- (b) an attorney under an enduring document; or\n- (c) an attorney under a power of attorney made otherwise than under this Act, whether before or after its commencement; or\n- (d) a statutory health attorney.","sortOrder":140},{"sectionNumber":"ch.5-pt.6","sectionType":"part","heading":"Compensation","content":"# Compensation","sortOrder":141},{"sectionNumber":"sec.106","sectionType":"section","heading":"Compensation and accounting for profits for failure to comply","content":"### sec.106 Compensation and accounting for profits for failure to comply\n\nThe court or tribunal may order an attorney for a principal to pay an amount to the principal or, if the principal has died, the principal’s estate—\nto compensate for a loss caused by the attorney’s failure to comply with this Act in the exercise of a power; or\nto account for any profits the attorney has accrued as a result of the attorney’s failure to comply with this Act in the exercise of a power.\nHowever, the court or tribunal may not order the attorney to make a payment under both subsection (1) (a) and (b) in relation to the same exercise of power.\nSubsection (1) applies even if the attorney is convicted of an offence in relation to the attorney’s failure.\nAlso, subsection (1) applies even if the attorney’s appointment has ended.\nIf the principal or attorney has died, an application for an order under subsection (1) must be made to the court or tribunal within 6 months after the death.\nIf the principal and attorney have died, an application for an order under subsection (1) must be made to the court or tribunal within 6 months after the first death.\nThe court or tribunal may extend the application time.\nAn amount paid under an order under subsection (1) must be taken into account in assessing damages in a later civil proceeding in relation to the attorney’s exercise of the power.\nIn this section—\nattorney means an attorney under—\na general power of attorney made under this Act; or\nan enduring document; or\na power of attorney made otherwise than under this Act, whether before or after its commencement.\ncourt means any court.\ns 106 sub 2000 No. 8 s 263 sch 3 ; 2019 No. 9 s 74\n(sec.106-ssec.1) The court or tribunal may order an attorney for a principal to pay an amount to the principal or, if the principal has died, the principal’s estate— to compensate for a loss caused by the attorney’s failure to comply with this Act in the exercise of a power; or to account for any profits the attorney has accrued as a result of the attorney’s failure to comply with this Act in the exercise of a power.\n(sec.106-ssec.2) However, the court or tribunal may not order the attorney to make a payment under both subsection (1) (a) and (b) in relation to the same exercise of power.\n(sec.106-ssec.3) Subsection (1) applies even if the attorney is convicted of an offence in relation to the attorney’s failure.\n(sec.106-ssec.4) Also, subsection (1) applies even if the attorney’s appointment has ended.\n(sec.106-ssec.5) If the principal or attorney has died, an application for an order under subsection (1) must be made to the court or tribunal within 6 months after the death.\n(sec.106-ssec.6) If the principal and attorney have died, an application for an order under subsection (1) must be made to the court or tribunal within 6 months after the first death.\n(sec.106-ssec.7) The court or tribunal may extend the application time.\n(sec.106-ssec.8) An amount paid under an order under subsection (1) must be taken into account in assessing damages in a later civil proceeding in relation to the attorney’s exercise of the power.\n(sec.106-ssec.9) In this section— attorney means an attorney under— a general power of attorney made under this Act; or an enduring document; or a power of attorney made otherwise than under this Act, whether before or after its commencement. court means any court.\n- (a) to compensate for a loss caused by the attorney’s failure to comply with this Act in the exercise of a power; or\n- (b) to account for any profits the attorney has accrued as a result of the attorney’s failure to comply with this Act in the exercise of a power.\n- (a) a general power of attorney made under this Act; or\n- (b) an enduring document; or\n- (c) a power of attorney made otherwise than under this Act, whether before or after its commencement.","sortOrder":142},{"sectionNumber":"sec.107","sectionType":"section","heading":"Power to apply to court for compensation for loss of benefit in estate","content":"### sec.107 Power to apply to court for compensation for loss of benefit in estate\n\nThis section applies if a person’s benefit in a principal’s estate under the principal’s will, on intestacy, or by another disposition taking effect on the principal’s death, is lost because of a sale or other dealing with the principal’s property by an attorney of the principal.\nThis section applies even if the person whose benefit is lost is the attorney by whose dealing the benefit is lost.\nThe person, or the person’s personal representative, may apply to the Supreme Court for compensation out of the principal’s estate.\nThe court may order that the person, or the person’s estate, be compensated out of the principal’s estate as the court considers appropriate but the compensation must not exceed the value of the lost benefit.\nThe Succession Act 1981 , sections 41 (2) to (8) , (10) and (11) and 44 apply to an application and an order made on it as if the application was an application under part 4 of that Act by a person entitled to make an application.\nIn this section—\nattorney means an attorney under—\na general power of attorney made under this Act; or\nan enduring document; or\na power of attorney made otherwise than under this Act, whether before or after its commencement.\ns 107 amd 2000 No. 8 s 263 sch 3\n(sec.107-ssec.1) This section applies if a person’s benefit in a principal’s estate under the principal’s will, on intestacy, or by another disposition taking effect on the principal’s death, is lost because of a sale or other dealing with the principal’s property by an attorney of the principal.\n(sec.107-ssec.1A) This section applies even if the person whose benefit is lost is the attorney by whose dealing the benefit is lost.\n(sec.107-ssec.2) The person, or the person’s personal representative, may apply to the Supreme Court for compensation out of the principal’s estate.\n(sec.107-ssec.3) The court may order that the person, or the person’s estate, be compensated out of the principal’s estate as the court considers appropriate but the compensation must not exceed the value of the lost benefit.\n(sec.107-ssec.4) The Succession Act 1981 , sections 41 (2) to (8) , (10) and (11) and 44 apply to an application and an order made on it as if the application was an application under part 4 of that Act by a person entitled to make an application.\n(sec.107-ssec.5) In this section— attorney means an attorney under— a general power of attorney made under this Act; or an enduring document; or a power of attorney made otherwise than under this Act, whether before or after its commencement.\n- (a) a general power of attorney made under this Act; or\n- (b) an enduring document; or\n- (c) a power of attorney made otherwise than under this Act, whether before or after its commencement.","sortOrder":143},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"General","content":"# General","sortOrder":144},{"sectionNumber":"sec.108","sectionType":"section","heading":"Powers extend to powers of attorney made otherwise than under this Act","content":"### sec.108 Powers extend to powers of attorney made otherwise than under this Act\n\nThe court’s powers under this Act are not limited to general powers of attorney made under this Act and enduring documents.\nThe court’s powers under this Act extend to powers of attorney made otherwise than under this Act, whether made before or after its commencement.\n(sec.108-ssec.1) The court’s powers under this Act are not limited to general powers of attorney made under this Act and enduring documents.\n(sec.108-ssec.2) The court’s powers under this Act extend to powers of attorney made otherwise than under this Act, whether made before or after its commencement.","sortOrder":145},{"sectionNumber":"sec.109","sectionType":"section","heading":"Inherent jurisdiction and litigation guardian process not affected","content":"### sec.109 Inherent jurisdiction and litigation guardian process not affected\n\nThis Act does not affect the court’s inherent jurisdiction, including its parens patriae jurisdiction, or the powers the court has other than under this Act.\nThis jurisdiction is based on the need to protect those who lack the capacity to protect themselves. It allows the Supreme Court to appoint attorneys for people who, because of mental illness, intellectual disability, illness, accident or old age, are unable to adequately safeguard their own interests.\nThis Act does not affect rules of court of the Supreme Court, District Court or Magistrates Courts about a litigation guardian for a person under a legal incapacity.\ns 109 amd 2000 No. 8 s 263 sch 3\n(sec.109-ssec.1) This Act does not affect the court’s inherent jurisdiction, including its parens patriae jurisdiction, or the powers the court has other than under this Act. This jurisdiction is based on the need to protect those who lack the capacity to protect themselves. It allows the Supreme Court to appoint attorneys for people who, because of mental illness, intellectual disability, illness, accident or old age, are unable to adequately safeguard their own interests.\n(sec.109-ssec.2) This Act does not affect rules of court of the Supreme Court, District Court or Magistrates Courts about a litigation guardian for a person under a legal incapacity.","sortOrder":146},{"sectionNumber":"sec.109A","sectionType":"section","heading":"Queensland Civil and Administrative Tribunal also has jurisdiction and powers about enduring documents","content":"### sec.109A Queensland Civil and Administrative Tribunal also has jurisdiction and powers about enduring documents\n\nThe tribunal is given the same jurisdiction and powers for enduring documents as the Supreme Court.\nFor subsection (1) , this Act applies, with necessary changes, as if references to the Supreme Court were references to the tribunal.\ns 109A ins 2000 No. 8 s 263 sch 3 ; 2009 No. 24 s 1569\n(sec.109A-ssec.1) The tribunal is given the same jurisdiction and powers for enduring documents as the Supreme Court.\n(sec.109A-ssec.2) For subsection (1) , this Act applies, with necessary changes, as if references to the Supreme Court were references to the tribunal.","sortOrder":147},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Court’s powers","content":"# Court’s powers","sortOrder":148},{"sectionNumber":"sec.110","sectionType":"section","heading":"Application and participation","content":"### sec.110 Application and participation\n\nAn application may be made to the court for a declaration, order, direction, recommendation or advice about something in, or related to, this Act.\nThe application may be by the principal concerned or another interested person unless this Act states otherwise.\nEach of the following persons may apply to the court for it to do something under this chapter about a power of attorney, enduring power of attorney or advance health directive, or the exercise of an attorney’s power—\nthe principal;\na member of the principal’s family;\nan attorney;\nthe public guardian or public trustee;\nif the document is an advance health directive or the application involves power for a health matter—the public guardian or a health provider of the principal;\nan interested person.\nA person joined as a party to a proceeding under this Act or a person the court considers an interested person may participate in the proceeding.\nIn this section—\nfamily , of a principal, consists of the following members—\nthe principal’s spouse;\neach of the principal’s children who is 18 years or more (including a stepchild, an adopted child, and a person for whom the principal was foster-parent or guardian when the person was a child);\neach of the principal’s parents (including a step-parent, adoptive parent, foster-parent and guardian);\nif there is no person mentioned in paragraph (a) , (b) or (c) who is reasonably available—each of the principal’s siblings who is 18 years or more (including a step-sibling, adopted sibling, and foster-sibling).\ns 110 amd 2000 No. 8 s 263 sch 3 ; 2014 No. 26 s 270\n(sec.110-ssec.1) An application may be made to the court for a declaration, order, direction, recommendation or advice about something in, or related to, this Act.\n(sec.110-ssec.2) The application may be by the principal concerned or another interested person unless this Act states otherwise.\n(sec.110-ssec.3) Each of the following persons may apply to the court for it to do something under this chapter about a power of attorney, enduring power of attorney or advance health directive, or the exercise of an attorney’s power— the principal; a member of the principal’s family; an attorney; the public guardian or public trustee; if the document is an advance health directive or the application involves power for a health matter—the public guardian or a health provider of the principal; an interested person.\n(sec.110-ssec.4) A person joined as a party to a proceeding under this Act or a person the court considers an interested person may participate in the proceeding.\n(sec.110-ssec.5) In this section— family , of a principal, consists of the following members— the principal’s spouse; each of the principal’s children who is 18 years or more (including a stepchild, an adopted child, and a person for whom the principal was foster-parent or guardian when the person was a child); each of the principal’s parents (including a step-parent, adoptive parent, foster-parent and guardian); if there is no person mentioned in paragraph (a) , (b) or (c) who is reasonably available—each of the principal’s siblings who is 18 years or more (including a step-sibling, adopted sibling, and foster-sibling).\n- (a) the principal;\n- (b) a member of the principal’s family;\n- (c) an attorney;\n- (d) the public guardian or public trustee;\n- (e) if the document is an advance health directive or the application involves power for a health matter—the public guardian or a health provider of the principal;\n- (f) an interested person.\n- (a) the principal’s spouse;\n- (b) each of the principal’s children who is 18 years or more (including a stepchild, an adopted child, and a person for whom the principal was foster-parent or guardian when the person was a child);\n- (c) each of the principal’s parents (including a step-parent, adoptive parent, foster-parent and guardian);\n- (d) if there is no person mentioned in paragraph (a) , (b) or (c) who is reasonably available—each of the principal’s siblings who is 18 years or more (including a step-sibling, adopted sibling, and foster-sibling).","sortOrder":149},{"sectionNumber":"sec.111","sectionType":"section","heading":"Determination of capacity","content":"### sec.111 Determination of capacity\n\nThe court may make a declaration about a person’s capacity.","sortOrder":150},{"sectionNumber":"sec.111A","sectionType":"section","heading":"Application of presumption of capacity","content":"### sec.111A Application of presumption of capacity\n\nIf, in performing a function or exercising a power under this Act, the court or tribunal is required to make a decision about an adult’s capacity for a matter, the court or tribunal is to presume the adult has capacity for the matter until the contrary is proven.\nIf a declaration by the court or tribunal that an adult has impaired capacity for a matter is in force, a person or other entity that performs a function or exercises a power under this Act is entitled to rely on the declaration to presume that the adult does not have capacity for the matter.\ns 111A ins 2019 No. 9 s 75\n(sec.111A-ssec.1) If, in performing a function or exercising a power under this Act, the court or tribunal is required to make a decision about an adult’s capacity for a matter, the court or tribunal is to presume the adult has capacity for the matter until the contrary is proven.\n(sec.111A-ssec.2) If a declaration by the court or tribunal that an adult has impaired capacity for a matter is in force, a person or other entity that performs a function or exercises a power under this Act is entitled to rely on the declaration to presume that the adult does not have capacity for the matter.","sortOrder":151},{"sectionNumber":"sec.112","sectionType":"section","heading":"Effect of declaration about capacity to enter contract","content":"### sec.112 Effect of declaration about capacity to enter contract\n\nA declaration about whether a person had capacity to enter a contract is binding in a subsequent proceeding in which the validity of the contract is in issue.","sortOrder":152},{"sectionNumber":"sec.113","sectionType":"section","heading":"Declaration about validity","content":"### sec.113 Declaration about validity\n\nThe court may decide the validity of a power of attorney, enduring power of attorney or advance health directive.\nThe court may declare a document mentioned in subsection (1) invalid if the court is satisfied—\nthe principal did not have the capacity necessary to make it; or\nSee sections 41 (Principal’s capacity to make an enduring power of attorney) and 42 (Principal’s capacity to make an advance health directive).\nit does not comply with the other requirements of this Act; or\nSee chapter 2 , part 2 (Making a power of attorney other than an enduring power of attorney) and chapter 3 , part 4 (Making an enduring document), particularly section 44 (Formal requirements).\nit is invalid for another reason, for example, the principal was induced to make it by dishonesty or undue influence.\nIf the court declares the document invalid, the court may, at the same time, appoint 1 or more attorneys for the principal.\nThe court is not limited to appointing an eligible attorney (defined in section 29 ).\n(sec.113-ssec.1) The court may decide the validity of a power of attorney, enduring power of attorney or advance health directive.\n(sec.113-ssec.2) The court may declare a document mentioned in subsection (1) invalid if the court is satisfied— the principal did not have the capacity necessary to make it; or See sections 41 (Principal’s capacity to make an enduring power of attorney) and 42 (Principal’s capacity to make an advance health directive). it does not comply with the other requirements of this Act; or See chapter 2 , part 2 (Making a power of attorney other than an enduring power of attorney) and chapter 3 , part 4 (Making an enduring document), particularly section 44 (Formal requirements). it is invalid for another reason, for example, the principal was induced to make it by dishonesty or undue influence.\n(sec.113-ssec.3) If the court declares the document invalid, the court may, at the same time, appoint 1 or more attorneys for the principal. The court is not limited to appointing an eligible attorney (defined in section 29 ).\n- (a) the principal did not have the capacity necessary to make it; or Note— See sections 41 (Principal’s capacity to make an enduring power of attorney) and 42 (Principal’s capacity to make an advance health directive).\n- (b) it does not comply with the other requirements of this Act; or Note— See chapter 2 , part 2 (Making a power of attorney other than an enduring power of attorney) and chapter 3 , part 4 (Making an enduring document), particularly section 44 (Formal requirements).\n- (c) it is invalid for another reason, for example, the principal was induced to make it by dishonesty or undue influence.","sortOrder":153},{"sectionNumber":"sec.114","sectionType":"section","heading":"Effect of invalidity","content":"### sec.114 Effect of invalidity\n\nIf the court declares a document invalid under section 113 , the document is void from the start.","sortOrder":154},{"sectionNumber":"sec.115","sectionType":"section","heading":"Declaration about commencement of power","content":"### sec.115 Declaration about commencement of power\n\nThe court may make a declaration that—\na power, under a power of attorney, enduring power of attorney or advance health directive, has begun; or\nthe principal has impaired capacity for a matter or all matters.\n- (a) a power, under a power of attorney, enduring power of attorney or advance health directive, has begun; or\n- (b) the principal has impaired capacity for a matter or all matters.","sortOrder":155},{"sectionNumber":"sec.116","sectionType":"section","heading":"Order removing attorney or changing or revoking document","content":"### sec.116 Order removing attorney or changing or revoking document\n\nThe court may, by order—\nremove an attorney and appoint a new attorney to replace the removed attorney; or\nThe court is not limited to appointing an eligible attorney (defined in section 29 ).\nremove a power from an attorney and give the removed power to another attorney or to a new attorney; or\nchange the terms of a power of attorney, enduring power of attorney or advance health directive; or\nrevoke all or part of a document mentioned in paragraph (c) .\n- (a) remove an attorney and appoint a new attorney to replace the removed attorney; or Note— The court is not limited to appointing an eligible attorney (defined in section 29 ).\n- (b) remove a power from an attorney and give the removed power to another attorney or to a new attorney; or\n- (c) change the terms of a power of attorney, enduring power of attorney or advance health directive; or\n- (d) revoke all or part of a document mentioned in paragraph (c) .","sortOrder":156},{"sectionNumber":"sec.117","sectionType":"section","heading":"Changed circumstances as basis for change or revocation","content":"### sec.117 Changed circumstances as basis for change or revocation\n\nWithout limiting the grounds on which the court may make an order changing the terms of a power of attorney, enduring power of attorney or advance health directive, or revoking all or part of 1 of these documents, the court may make the order if the court considers the principal’s circumstances or other circumstances (including, for a health power, advances in medical science) have changed to the extent that 1 or more terms of the document are inappropriate.","sortOrder":157},{"sectionNumber":"sec.118","sectionType":"section","heading":"Advice, directions and recommendations etc.","content":"### sec.118 Advice, directions and recommendations etc.\n\nOn an application about a matter, the court may give directions or advice or make a recommendation, order or declaration about the matter or another matter related to this Act, including about—\nthe interpretation of the terms of, or another issue involving, a power of attorney, enduring power of attorney or advance health directive; or\nthe exercise of an attorney’s power or another issue involving an attorney’s power.\nWithout limiting subsection (1) , the court may, by order and subject to the terms the court considers appropriate, authorise an attorney, either generally or in a specific case, to undertake a transaction that the attorney is not otherwise authorised to undertake or may not otherwise be authorised to undertake, if the court is satisfied the transaction would be in accordance with the general principles.\nAlso, if an attorney undertakes a transaction mentioned in subsection (2) that has not been authorised under that subsection, the court may retrospectively authorise the transaction.\nA transaction authorised under subsection (3) is taken to be, and to have always been, as valid as if it had been undertaken under an authorisation given by the court before the attorney undertook the transaction.\ns 118 amd 2000 No. 8 s 263 sch 3 ; 2019 No. 9 s 76\n(sec.118-ssec.1) On an application about a matter, the court may give directions or advice or make a recommendation, order or declaration about the matter or another matter related to this Act, including about— the interpretation of the terms of, or another issue involving, a power of attorney, enduring power of attorney or advance health directive; or the exercise of an attorney’s power or another issue involving an attorney’s power.\n(sec.118-ssec.2) Without limiting subsection (1) , the court may, by order and subject to the terms the court considers appropriate, authorise an attorney, either generally or in a specific case, to undertake a transaction that the attorney is not otherwise authorised to undertake or may not otherwise be authorised to undertake, if the court is satisfied the transaction would be in accordance with the general principles.\n(sec.118-ssec.3) Also, if an attorney undertakes a transaction mentioned in subsection (2) that has not been authorised under that subsection, the court may retrospectively authorise the transaction.\n(sec.118-ssec.4) A transaction authorised under subsection (3) is taken to be, and to have always been, as valid as if it had been undertaken under an authorisation given by the court before the attorney undertook the transaction.\n- (a) the interpretation of the terms of, or another issue involving, a power of attorney, enduring power of attorney or advance health directive; or\n- (b) the exercise of an attorney’s power or another issue involving an attorney’s power.","sortOrder":158},{"sectionNumber":"sec.119","sectionType":"section","heading":null,"content":"### Section sec.119\n\ns 119 om 2000 No. 8 s 263 sch 3","sortOrder":159},{"sectionNumber":"sec.120","sectionType":"section","heading":"Court may proceed without all relevant material","content":"### sec.120 Court may proceed without all relevant material\n\nIf the court considers urgent or special circumstances justify it doing so, the court may proceed to decide a matter on the information before it without receiving all relevant material.\nIf all the participants in a proceeding agree, the court may also proceed to decide a matter in the proceeding on the information before it when the agreement was reached without receiving all relevant material.\nBefore the participants agree, the court must ensure they are aware of the material on which the matter will be decided.\n(sec.120-ssec.1) If the court considers urgent or special circumstances justify it doing so, the court may proceed to decide a matter on the information before it without receiving all relevant material.\n(sec.120-ssec.2) If all the participants in a proceeding agree, the court may also proceed to decide a matter in the proceeding on the information before it when the agreement was reached without receiving all relevant material.\n(sec.120-ssec.3) Before the participants agree, the court must ensure they are aware of the material on which the matter will be decided.","sortOrder":160},{"sectionNumber":"sec.121","sectionType":"section","heading":"Report by public guardian or public trustee","content":"### sec.121 Report by public guardian or public trustee\n\nThe court may—\nreceive in evidence in a proceeding a written report by the public guardian or public trustee on a matter in the proceeding; and\nhave regard to the matter contained in the report.\nIf the court receives a report in evidence in a proceeding, the principal concerned in the proceeding and each participant in the proceeding must be given a copy of the report unless the court directs otherwise.\ns 121 amd 2014 No. 26 s 271\n(sec.121-ssec.1) The court may— receive in evidence in a proceeding a written report by the public guardian or public trustee on a matter in the proceeding; and have regard to the matter contained in the report.\n(sec.121-ssec.2) If the court receives a report in evidence in a proceeding, the principal concerned in the proceeding and each participant in the proceeding must be given a copy of the report unless the court directs otherwise.\n- (a) receive in evidence in a proceeding a written report by the public guardian or public trustee on a matter in the proceeding; and\n- (b) have regard to the matter contained in the report.","sortOrder":161},{"sectionNumber":"sec.122","sectionType":"section","heading":"Records and audit","content":"### sec.122 Records and audit\n\nFor an attorney for a financial matter under an enduring power of attorney, the court or the tribunal may make an order that—\nthe attorney files in the court or the tribunal, and serves on the applicant, a summary of receipts and expenditure under the power for a specified period; or\nthe attorney files in the court or the tribunal, and serves on the applicant, more detailed accounts of dealings and transactions under the power for a specified period; or\nthe accounts be audited by an auditor appointed by the court or the tribunal and that a copy of the auditor’s report be given to the court or the tribunal and the applicant; or\nthe attorney present a plan of management for approval.\nThe court or the tribunal may make the order on its own initiative or on the application of the principal or another interested person.\nThe court or the tribunal may make an order about payment of the auditor’s costs, including security for the costs.\nThis section applies even if—\nthe enduring power of attorney has been revoked; or\nthe principal has died.\ns 122 amd 2019 No. 9 s 77\n(sec.122-ssec.1) For an attorney for a financial matter under an enduring power of attorney, the court or the tribunal may make an order that— the attorney files in the court or the tribunal, and serves on the applicant, a summary of receipts and expenditure under the power for a specified period; or the attorney files in the court or the tribunal, and serves on the applicant, more detailed accounts of dealings and transactions under the power for a specified period; or the accounts be audited by an auditor appointed by the court or the tribunal and that a copy of the auditor’s report be given to the court or the tribunal and the applicant; or the attorney present a plan of management for approval.\n(sec.122-ssec.2) The court or the tribunal may make the order on its own initiative or on the application of the principal or another interested person.\n(sec.122-ssec.3) The court or the tribunal may make an order about payment of the auditor’s costs, including security for the costs.\n(sec.122-ssec.4) This section applies even if— the enduring power of attorney has been revoked; or the principal has died.\n- (a) the attorney files in the court or the tribunal, and serves on the applicant, a summary of receipts and expenditure under the power for a specified period; or\n- (b) the attorney files in the court or the tribunal, and serves on the applicant, more detailed accounts of dealings and transactions under the power for a specified period; or\n- (c) the accounts be audited by an auditor appointed by the court or the tribunal and that a copy of the auditor’s report be given to the court or the tribunal and the applicant; or\n- (d) the attorney present a plan of management for approval.\n- (a) the enduring power of attorney has been revoked; or\n- (b) the principal has died.","sortOrder":162},{"sectionNumber":"sec.123","sectionType":"section","heading":"Court may dismiss frivolous etc. applications","content":"### sec.123 Court may dismiss frivolous etc. applications\n\nThe court may dismiss an application if the court is satisfied the application is—\nfrivolous, trivial or vexatious; or\nmisconceived or lacking in substance.\nIf the court considers it appropriate, the court may also—\norder that the applicant pay the costs of another participant in the proceeding; and\ndirect that the applicant must not, without the court’s leave, make a subsequent application to the court of a type stated in the direction.\nThe court may discharge or change a direction under subsection (2) .\ns 123 amd 2003 No. 87 s 57\n(sec.123-ssec.1) The court may dismiss an application if the court is satisfied the application is— frivolous, trivial or vexatious; or misconceived or lacking in substance.\n(sec.123-ssec.2) If the court considers it appropriate, the court may also— order that the applicant pay the costs of another participant in the proceeding; and direct that the applicant must not, without the court’s leave, make a subsequent application to the court of a type stated in the direction.\n(sec.123-ssec.3) The court may discharge or change a direction under subsection (2) .\n- (a) frivolous, trivial or vexatious; or\n- (b) misconceived or lacking in substance.\n- (a) order that the applicant pay the costs of another participant in the proceeding; and\n- (b) direct that the applicant must not, without the court’s leave, make a subsequent application to the court of a type stated in the direction.","sortOrder":163},{"sectionNumber":"sec.124","sectionType":"section","heading":"Written reasons for decision","content":"### sec.124 Written reasons for decision\n\nOn application by a person the court considers has a sufficient interest in obtaining reasons for its decision, the court must give written reasons for the decision within 28 days after the application.","sortOrder":164},{"sectionNumber":"sec.125","sectionType":"section","heading":"Costs","content":"### sec.125 Costs\n\nThe costs of a proceeding are within the court’s discretion.\nHowever, unless the court otherwise orders, costs follow the event.\n(sec.125-ssec.1) The costs of a proceeding are within the court’s discretion.\n(sec.125-ssec.2) However, unless the court otherwise orders, costs follow the event.","sortOrder":165},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":166},{"sectionNumber":"sec.126","sectionType":"section","heading":null,"content":"### Section sec.126\n\ns 126 om 2000 No. 8 s 263 sch 3","sortOrder":167},{"sectionNumber":"sec.127","sectionType":"section","heading":null,"content":"### Section sec.127\n\ns 127 om 2000 No. 8 s 263 sch 3","sortOrder":168},{"sectionNumber":"sec.128","sectionType":"section","heading":null,"content":"### Section sec.128\n\ns 128 om 2000 No. 8 s 263 sch 3","sortOrder":169},{"sectionNumber":"sec.129","sectionType":"section","heading":null,"content":"### Section sec.129\n\ns 129 om 2000 No. 8 s 263 sch 3","sortOrder":170},{"sectionNumber":"sec.130","sectionType":"section","heading":null,"content":"### Section sec.130\n\ns 130 om 2000 No. 8 s 263 sch 3","sortOrder":171},{"sectionNumber":"sec.131","sectionType":"section","heading":null,"content":"### Section sec.131\n\ns 131 om 2000 No. 8 s 263 sch 3","sortOrder":172},{"sectionNumber":"sec.132","sectionType":"section","heading":null,"content":"### Section sec.132\n\ns 132 om 2000 No. 8 s 263 sch 3","sortOrder":173},{"sectionNumber":"sec.133","sectionType":"section","heading":null,"content":"### Section sec.133\n\ns 133 om 2000 No. 8 s 263 sch 3","sortOrder":174},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":175},{"sectionNumber":"sec.134","sectionType":"section","heading":null,"content":"### Section sec.134\n\ns 134 om 2000 No. 8 s 263 sch 3","sortOrder":176},{"sectionNumber":"sec.135","sectionType":"section","heading":null,"content":"### Section sec.135\n\ns 135 om 2000 No. 8 s 263 sch 3","sortOrder":177},{"sectionNumber":"sec.136","sectionType":"section","heading":null,"content":"### Section sec.136\n\ns 136 om 2000 No. 8 s 263 sch 3","sortOrder":178},{"sectionNumber":"sec.137","sectionType":"section","heading":null,"content":"### Section sec.137\n\ns 137 om 2000 No. 8 s 263 sch 3","sortOrder":179},{"sectionNumber":"sec.138","sectionType":"section","heading":null,"content":"### Section sec.138\n\ns 138 om 2000 No. 8 s 263 sch 3","sortOrder":180},{"sectionNumber":"sec.139","sectionType":"section","heading":null,"content":"### Section sec.139\n\ns 139 om 2000 No. 8 s 263 sch 3","sortOrder":181},{"sectionNumber":"sec.140","sectionType":"section","heading":null,"content":"### Section sec.140\n\ns 140 om 2000 No. 8 s 263 sch 3","sortOrder":182},{"sectionNumber":"sec.141","sectionType":"section","heading":null,"content":"### Section sec.141\n\ns 141 om 2000 No. 8 s 263 sch 3","sortOrder":183},{"sectionNumber":"sec.142","sectionType":"section","heading":null,"content":"### Section sec.142\n\ns 142 om 2000 No. 8 s 263 sch 3","sortOrder":184},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":185},{"sectionNumber":"sec.143","sectionType":"section","heading":null,"content":"### Section sec.143\n\ns 143 om 2000 No. 8 s 263 sch 3","sortOrder":186},{"sectionNumber":"sec.144","sectionType":"section","heading":null,"content":"### Section sec.144\n\ns 144 om 2000 No. 8 s 263 sch 3","sortOrder":187},{"sectionNumber":"sec.145","sectionType":"section","heading":null,"content":"### Section sec.145\n\ns 145 om 2000 No. 8 s 263 sch 3","sortOrder":188},{"sectionNumber":"sec.146","sectionType":"section","heading":null,"content":"### Section sec.146\n\ns 146 om 2000 No. 8 s 263 sch 3","sortOrder":189},{"sectionNumber":"sec.147","sectionType":"section","heading":null,"content":"### Section sec.147\n\ns 147 om 2000 No. 8 s 263 sch 3","sortOrder":190},{"sectionNumber":"sec.148","sectionType":"section","heading":null,"content":"### Section sec.148\n\ns 148 om 2000 No. 8 s 263 sch 3","sortOrder":191},{"sectionNumber":"sec.149","sectionType":"section","heading":null,"content":"### Section sec.149\n\ns 149 om 2000 No. 8 s 263 sch 3","sortOrder":192},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":193},{"sectionNumber":"sec.150","sectionType":"section","heading":null,"content":"### Section sec.150\n\ns 150 om 2000 No. 8 s 263 sch 3","sortOrder":194},{"sectionNumber":"sec.151","sectionType":"section","heading":null,"content":"### Section sec.151\n\ns 151 om 2000 No. 8 s 263 sch 3","sortOrder":195},{"sectionNumber":"sec.152","sectionType":"section","heading":null,"content":"### Section sec.152\n\ns 152 om 2000 No. 8 s 263 sch 3","sortOrder":196},{"sectionNumber":"sec.153","sectionType":"section","heading":null,"content":"### Section sec.153\n\ns 153 om 2000 No. 8 s 263 sch 3","sortOrder":197},{"sectionNumber":"sec.154","sectionType":"section","heading":null,"content":"### Section sec.154\n\ns 154 om 2000 No. 8 s 263 sch 3","sortOrder":198},{"sectionNumber":"sec.155","sectionType":"section","heading":null,"content":"### Section sec.155\n\ns 155 om 2000 No. 8 s 263 sch 3","sortOrder":199},{"sectionNumber":"sec.156","sectionType":"section","heading":null,"content":"### Section sec.156\n\ns 156 om 2000 No. 8 s 263 sch 3","sortOrder":200},{"sectionNumber":"sec.157","sectionType":"section","heading":null,"content":"### Section sec.157\n\ns 157 om 2000 No. 8 s 263 sch 3","sortOrder":201},{"sectionNumber":"sec.158","sectionType":"section","heading":null,"content":"### Section sec.158\n\ns 158 om 2000 No. 8 s 263 sch 3","sortOrder":202},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Transitional provision for Act No. 22 of 1998","content":"# Transitional provision for Act No. 22 of 1998","sortOrder":203},{"sectionNumber":"sec.163","sectionType":"section","heading":"Powers of attorney under Property Law Act 1974","content":"### sec.163 Powers of attorney under Property Law Act 1974\n\nExcept where this Act expressly provides otherwise, on the commencement of this section, a general power of attorney, or enduring power of attorney, made under the Property Law Act 1974 and of force and effect immediately before the commencement of this section is taken to be a general power of attorney, or enduring power of attorney, made under this Act.","sortOrder":204},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Transitional provision for Guardianship and Administration Act 2000","content":"# Transitional provision for Guardianship and Administration Act 2000","sortOrder":205},{"sectionNumber":"sec.164","sectionType":"section","heading":"Subject to committee or manager","content":"### sec.164 Subject to committee or manager\n\nIf a person, other than an attorney, is committee or manager of a principal, or all or part of a principal’s estate, the attorney may exercise power for the principal only to the extent authorised by the committee or manager.\nIn this section—\nattorney includes a statutory health attorney.\ns 164 ins 2000 No. 8 s 263 sch 3\n(sec.164-ssec.1) If a person, other than an attorney, is committee or manager of a principal, or all or part of a principal’s estate, the attorney may exercise power for the principal only to the extent authorised by the committee or manager.\n(sec.164-ssec.2) In this section— attorney includes a statutory health attorney.","sortOrder":206},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Transitional provisions for Guardianship and Administration and Other Acts Amendment Act 2001","content":"# Transitional provisions for Guardianship and Administration and Other Acts Amendment Act 2001","sortOrder":207},{"sectionNumber":"sec.165","sectionType":"section","heading":"References to special life-sustaining measures","content":"### sec.165 References to special life-sustaining measures\n\nA reference in an enduring document of force and effect immediately before the commencement of this section to special life-sustaining measures or a special life-sustaining measure, however described, is, from the commencement of this section, taken to be a reference to life-sustaining measures or a life-sustaining measure.\ns 165 ins 2001 No. 95 s 27","sortOrder":208},{"sectionNumber":"sec.166","sectionType":"section","heading":"Power for health matters excludes power for withholding or withdrawal of life-sustaining measure","content":"### sec.166 Power for health matters excludes power for withholding or withdrawal of life-sustaining measure\n\nAn enduring document of force and effect immediately before the commencement of this section that authorises an attorney to exercise power for health matters does not, from the commencement of this section, authorise the attorney to exercise power for the withholding or withdrawal of a life-sustaining measure.\ns 166 ins 2001 No. 95 s 27","sortOrder":209},{"sectionNumber":"ch.9-pt.4","sectionType":"part","heading":"Transitional and validation provisions for Guardianship and Administration and Other Legislation Amendment Act 2019","content":"# Transitional and validation provisions for Guardianship and Administration and Other Legislation Amendment Act 2019","sortOrder":210},{"sectionNumber":"sec.167","sectionType":"section","heading":"Definitions for part","content":"### sec.167 Definitions for part\n\nIn this part—\namended , for a provision of this Act, means the provision as amended by the amendment Act.\namendment Act means the Guardianship and Administration and Other Legislation Amendment Act 2019 .\ns 167 ins 2019 No. 9 s 79","sortOrder":211},{"sectionNumber":"sec.168","sectionType":"section","heading":"Existing appointment—eligible attorney (enduring power of attorney)","content":"### sec.168 Existing appointment—eligible attorney (enduring power of attorney)\n\nThis section applies in relation to a person who, immediately before the commencement, held an appointment as an attorney for a matter under an enduring power of attorney if—\nthe person was an eligible attorney for the matter under section 29(1) as in force when the person was appointed; but\nthe person would not be an eligible attorney for the matter under amended section 29(1).\nTo remove any doubt, it is declared that amended section 29(1) does not affect the person’s appointment.\ns 168 ins 2019 No. 9 s 79\n(sec.168-ssec.1) This section applies in relation to a person who, immediately before the commencement, held an appointment as an attorney for a matter under an enduring power of attorney if— the person was an eligible attorney for the matter under section 29(1) as in force when the person was appointed; but the person would not be an eligible attorney for the matter under amended section 29(1).\n(sec.168-ssec.2) To remove any doubt, it is declared that amended section 29(1) does not affect the person’s appointment.\n- (a) the person was an eligible attorney for the matter under section 29(1) as in force when the person was appointed; but\n- (b) the person would not be an eligible attorney for the matter under amended section 29(1).","sortOrder":212},{"sectionNumber":"sec.169","sectionType":"section","heading":"Existing appointment—eligible attorney (advance health directive)","content":"### sec.169 Existing appointment—eligible attorney (advance health directive)\n\nThis section applies in relation to a person who, immediately before the commencement, held an appointment as an attorney for a matter under an advance health directive if—\nthe person was an eligible attorney for the matter under section 29(2) as in force when the person was appointed; but\nthe person would not be an eligible attorney for the matter under amended section 29(2).\nOn the commencement, the advance health directive is revoked to the extent it gives power to the attorney.\ns 169 ins 2019 No. 9 s 79\n(sec.169-ssec.1) This section applies in relation to a person who, immediately before the commencement, held an appointment as an attorney for a matter under an advance health directive if— the person was an eligible attorney for the matter under section 29(2) as in force when the person was appointed; but the person would not be an eligible attorney for the matter under amended section 29(2).\n(sec.169-ssec.2) On the commencement, the advance health directive is revoked to the extent it gives power to the attorney.\n- (a) the person was an eligible attorney for the matter under section 29(2) as in force when the person was appointed; but\n- (b) the person would not be an eligible attorney for the matter under amended section 29(2).","sortOrder":213},{"sectionNumber":"sec.170","sectionType":"section","heading":"Existing appointment—more than 4 joint attorneys (enduring power of attorney)","content":"### sec.170 Existing appointment—more than 4 joint attorneys (enduring power of attorney)\n\nThis section applies if, immediately before the commencement, more than 4 persons were joint attorneys for a matter under an enduring power of attorney.\nSection 43(3), as inserted by the amendment Act, does not apply to the enduring power of attorney in relation to that matter.\ns 170 ins 2019 No. 9 s 79\n(sec.170-ssec.1) This section applies if, immediately before the commencement, more than 4 persons were joint attorneys for a matter under an enduring power of attorney.\n(sec.170-ssec.2) Section 43(3), as inserted by the amendment Act, does not apply to the enduring power of attorney in relation to that matter.","sortOrder":214},{"sectionNumber":"sec.171","sectionType":"section","heading":"Existing certified copy of enduring document","content":"### sec.171 Existing certified copy of enduring document\n\nThis section applies to a copy of an enduring document certified under section 45 before the commencement as a copy of the enduring document.\nSection 45 as in force immediately before the commencement continues to apply to the copy.\ns 171 ins 2019 No. 9 s 79\n(sec.171-ssec.1) This section applies to a copy of an enduring document certified under section 45 before the commencement as a copy of the enduring document.\n(sec.171-ssec.2) Section 45 as in force immediately before the commencement continues to apply to the copy.","sortOrder":215},{"sectionNumber":"sec.172","sectionType":"section","heading":"Application of ss 61A–61D","content":"### sec.172 Application of ss 61A–61D\n\nSections 61A to 61D apply—\nin relation to the will of a principal who dies after the commencement; and\nregardless of whether the sale, mortgage, charge, disposition of, or other dealing with, property by the attorney happened before or after the commencement.\ns 172 ins 2019 No. 9 s 79\n- (a) in relation to the will of a principal who dies after the commencement; and\n- (b) regardless of whether the sale, mortgage, charge, disposition of, or other dealing with, property by the attorney happened before or after the commencement.","sortOrder":216},{"sectionNumber":"sec.173","sectionType":"section","heading":"Validation of delegation","content":"### sec.173 Validation of delegation\n\nThis section applies to a delegation of a power by the public trustee of a type described in, and to a person mentioned in, section 160 before the commencement.\nThe delegation is taken to be, and always to have been, as valid and effective as it would have been if it were made after the commencement of section 160.\ns 173 ins 2019 No. 9 s 79\n(sec.173-ssec.1) This section applies to a delegation of a power by the public trustee of a type described in, and to a person mentioned in, section 160 before the commencement.\n(sec.173-ssec.2) The delegation is taken to be, and always to have been, as valid and effective as it would have been if it were made after the commencement of section 160.","sortOrder":217},{"sectionNumber":"sec.174","sectionType":"section","heading":"Enduring documents started","content":"### sec.174 Enduring documents started\n\nThis section applies if, immediately before the commencement, the preparation of an enduring document had been started but not finished.\nThis Act, as amended by the amendment Act, applies to the preparation of the enduring document.\ns 174 ins 2019 No. 9 s 79\n(sec.174-ssec.1) This section applies if, immediately before the commencement, the preparation of an enduring document had been started but not finished.\n(sec.174-ssec.2) This Act, as amended by the amendment Act, applies to the preparation of the enduring document.","sortOrder":218},{"sectionNumber":"sec.175","sectionType":"section","heading":"Existing proceedings","content":"### sec.175 Existing proceedings\n\nThis section applies if, immediately before the commencement, a proceeding under this Act had been started but not finished.\nThe proceeding is to continue as if the amendment Act had not been enacted.\ns 175 ins 2019 No. 9 s 79\n(sec.175-ssec.1) This section applies if, immediately before the commencement, a proceeding under this Act had been started but not finished.\n(sec.175-ssec.2) The proceeding is to continue as if the amendment Act had not been enacted.","sortOrder":219},{"sectionNumber":"ch.9-pt.5","sectionType":"part","heading":"Transitional provisions for Justice and Other Legislation Amendment Act 2021","content":"# Transitional provisions for Justice and Other Legislation Amendment Act 2021","sortOrder":220},{"sectionNumber":"sec.176","sectionType":"section","heading":"Definitions for part","content":"### sec.176 Definitions for part\n\nIn this part—\namending Act means the Justice and Other Legislation Amendment Act 2021 .\nrepealed regulation means the repealed Justice Legislation (COVID-19 Emergency Response—Documents and Oaths) Regulation 2020 as in force immediately before its repeal.\ns 176 ins 2021 No. 23 s 48","sortOrder":221},{"sectionNumber":"sec.177","sectionType":"section","heading":"Repealed regulation continues to apply to general power of attorney in particular circumstances","content":"### sec.177 Repealed regulation continues to apply to general power of attorney in particular circumstances\n\nThis section applies in relation to a document that is a general power of attorney if—\nbefore the commencement, the document was signed by a signatory or substitute signatory, and a person witnessed the document, under the repealed regulation; and\nimmediately before the commencement—\nthe person had not confirmed the document as the document witnessed by the person under the repealed regulation; or\na special witness had not signed a certificate for the document in accordance with the repealed regulation; or\nthe person had not complied with another requirement relating to the document under the repealed regulation.\nDespite the repeal of the repealed regulation, the repealed regulation continues to apply to the person in relation to the document as if the amending Act had not been enacted.\ns 177 ins 2021 No. 23 s 48\n(sec.177-ssec.1) This section applies in relation to a document that is a general power of attorney if— before the commencement, the document was signed by a signatory or substitute signatory, and a person witnessed the document, under the repealed regulation; and immediately before the commencement— the person had not confirmed the document as the document witnessed by the person under the repealed regulation; or a special witness had not signed a certificate for the document in accordance with the repealed regulation; or the person had not complied with another requirement relating to the document under the repealed regulation.\n(sec.177-ssec.2) Despite the repeal of the repealed regulation, the repealed regulation continues to apply to the person in relation to the document as if the amending Act had not been enacted.\n- (a) before the commencement, the document was signed by a signatory or substitute signatory, and a person witnessed the document, under the repealed regulation; and\n- (b) immediately before the commencement— (i) the person had not confirmed the document as the document witnessed by the person under the repealed regulation; or (ii) a special witness had not signed a certificate for the document in accordance with the repealed regulation; or (iii) the person had not complied with another requirement relating to the document under the repealed regulation.\n- (i) the person had not confirmed the document as the document witnessed by the person under the repealed regulation; or\n- (ii) a special witness had not signed a certificate for the document in accordance with the repealed regulation; or\n- (iii) the person had not complied with another requirement relating to the document under the repealed regulation.\n- (i) the person had not confirmed the document as the document witnessed by the person under the repealed regulation; or\n- (ii) a special witness had not signed a certificate for the document in accordance with the repealed regulation; or\n- (iii) the person had not complied with another requirement relating to the document under the repealed regulation.","sortOrder":222},{"sectionNumber":"sec.178","sectionType":"section","heading":"Signing general power of attorney for corporation","content":"### sec.178 Signing general power of attorney for corporation\n\nThis section applies if—\n2 or more persons (each a required signatory ) are to sign a general power of attorney for a corporation; and\nbefore the commencement, at least 1 of the required signatories had signed the general power of attorney under the repealed regulation.\nFrom the commencement and despite the repeal of the repealed regulation—\nany required signatory who has not signed the general power of attorney may sign the general power of attorney in accordance with the repealed regulation as if the amending Act had not been enacted; and\nany requirements under the repealed regulation continue to apply in relation to the general power of attorney as if the amending Act had not been enacted.\ns 178 ins 2021 No. 23 s 48\n(sec.178-ssec.1) This section applies if— 2 or more persons (each a required signatory ) are to sign a general power of attorney for a corporation; and before the commencement, at least 1 of the required signatories had signed the general power of attorney under the repealed regulation.\n(sec.178-ssec.2) From the commencement and despite the repeal of the repealed regulation— any required signatory who has not signed the general power of attorney may sign the general power of attorney in accordance with the repealed regulation as if the amending Act had not been enacted; and any requirements under the repealed regulation continue to apply in relation to the general power of attorney as if the amending Act had not been enacted.\n- (a) 2 or more persons (each a required signatory ) are to sign a general power of attorney for a corporation; and\n- (b) before the commencement, at least 1 of the required signatories had signed the general power of attorney under the repealed regulation.\n- (a) any required signatory who has not signed the general power of attorney may sign the general power of attorney in accordance with the repealed regulation as if the amending Act had not been enacted; and\n- (b) any requirements under the repealed regulation continue to apply in relation to the general power of attorney as if the amending Act had not been enacted.","sortOrder":223},{"sectionNumber":"sec.179","sectionType":"section","heading":"Repealed regulation continues to apply to particular general power of attorney","content":"### sec.179 Repealed regulation continues to apply to particular general power of attorney\n\nThis section applies to a general power of attorney made, signed or witnessed under the repealed regulation, including a general power of attorney to which section 177 or 178 applies.\nDespite the repeal of the repealed regulation, the repealed regulation, sections 22 to 26 continues to apply in relation to the general power of attorney as if the amending Act had not been enacted.\ns 179 ins 2021 No. 23 s 48\n(sec.179-ssec.1) This section applies to a general power of attorney made, signed or witnessed under the repealed regulation, including a general power of attorney to which section 177 or 178 applies.\n(sec.179-ssec.2) Despite the repeal of the repealed regulation, the repealed regulation, sections 22 to 26 continues to apply in relation to the general power of attorney as if the amending Act had not been enacted.","sortOrder":224},{"sectionNumber":"sec.180","sectionType":"section","heading":"Certificate signed by nurse practitioner that is included in advance health directive","content":"### sec.180 Certificate signed by nurse practitioner that is included in advance health directive\n\nThis section applies to an advance health directive made after the commencement.\nTo remove any doubt, it is declared that a nurse practitioner may, under section 44(6), sign and date a certificate that is included in the advance health directive whether or not it is stated in the approved form for the advance health directive that the nurse practitioner may sign the certificate.\nIn this section—\nnurse practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession, other than as a student, whose registration is endorsed as being qualified to practise as a nurse practitioner.\ns 180 ins 2021 No. 23 s 48\n(sec.180-ssec.1) This section applies to an advance health directive made after the commencement.\n(sec.180-ssec.2) To remove any doubt, it is declared that a nurse practitioner may, under section 44(6), sign and date a certificate that is included in the advance health directive whether or not it is stated in the approved form for the advance health directive that the nurse practitioner may sign the certificate.\n(sec.180-ssec.3) In this section— nurse practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession, other than as a student, whose registration is endorsed as being qualified to practise as a nurse practitioner.","sortOrder":225},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":226},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":null,"content":"### Section sch.1-sec.1\n\nsch 1 s 1 om 2019 No. 9 s 80","sortOrder":227},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":null,"content":"### Section sch.1-sec.2\n\nsch 1 s 2 om 2019 No. 9 s 80","sortOrder":228},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":null,"content":"### Section sch.1-sec.3\n\nsch 1 s 3 om 2019 No. 9 s 80","sortOrder":229},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":null,"content":"### Section sch.1-sec.4\n\nsch 1 s 4 om 2019 No. 9 s 80","sortOrder":230},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":null,"content":"### Section sch.1-sec.5\n\nsch 1 s 5 om 2019 No. 9 s 80","sortOrder":231},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":null,"content":"### Section sch.1-sec.6\n\nsch 1 s 6 om 2019 No. 9 s 80","sortOrder":232},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":null,"content":"### Section sch.1-sec.7\n\nsch 1 s 7 amd 2000 No. 8 s 263 sch 3\nom 2019 No. 9 s 80","sortOrder":233},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":null,"content":"### Section sch.1-sec.8\n\nsch 1 s 8 om 2019 No. 9 s 80","sortOrder":234},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":null,"content":"### Section sch.1-sec.9\n\nsch 1 s 9 om 2019 No. 9 s 80","sortOrder":235},{"sectionNumber":"sch.1-sec.10","sectionType":"section","heading":null,"content":"### Section sch.1-sec.10\n\nsch 1 s 10 om 2019 No. 9 s 80","sortOrder":236},{"sectionNumber":"sch.1-sec.11","sectionType":"section","heading":null,"content":"### Section sch.1-sec.11\n\nsch 1 s 11 om 2019 No. 9 s 80","sortOrder":237},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":238},{"sectionNumber":"sch.1-sec.12","sectionType":"section","heading":null,"content":"### Section sch.1-sec.12\n\nsch 1 s 12 amd 2000 No. 8 s 263 sch 3 ; 2001 No. 95 s 28\nom 2019 No. 9 s 80","sortOrder":239},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Financial matter","content":"# Financial matter","sortOrder":240},{"sectionNumber":"sch.2-sec.1","sectionType":"section","heading":"Financial matter","content":"### sch.2-sec.1 Financial matter\n\nA financial matter , for a principal, is a matter relating to the principal’s financial or property matters, including, for example, a matter relating to 1 or more of the following—\npaying maintenance and accommodation expenses for the principal and the principal’s dependants, including, for example, purchasing an interest in, or making another contribution to, an establishment that will maintain or accommodate the principal or a dependant of the principal;\npaying the principal’s debts, including any fees and expenses to which an administrator is entitled under a document made by the principal or under a law;\nreceiving and recovering money payable to the principal;\ncarrying on a trade or business of the principal;\nperforming contracts entered into by the principal;\ndischarging a mortgage over the principal’s property;\npaying rates, taxes, insurance premiums or other outgoings for the principal’s property;\ninsuring the principal or the principal’s property;\notherwise preserving or improving the principal’s estate;\ninvesting for the principal in authorised investments;\ncontinuing investments of the principal, including taking up rights to issues of new shares, or options for new shares, to which the principal becomes entitled by the principal’s existing shareholding;\nundertaking a real estate transaction for the principal;\ndealing with land for the principal under the Land Act 1994 or Land Title Act 1994 ;\nundertaking a transaction for the principal involving the use of the principal’s property as security (for example, for a loan or by way of a guarantee) for an obligation the performance of which is beneficial to the principal;\na legal matter relating to the principal’s financial or property matters;\nwithdrawing money from, or depositing money into, the principal’s account with a financial institution.\nsch 2 s 1 sub 2000 No. 8 s 263 sch 3\namd 2002 No. 34 s 42 ; 2003 No. 87 s 58 ; 2004 No. 43 s 93 ; 2007 No. 36 s 2 sch\n- (a) paying maintenance and accommodation expenses for the principal and the principal’s dependants, including, for example, purchasing an interest in, or making another contribution to, an establishment that will maintain or accommodate the principal or a dependant of the principal;\n- (b) paying the principal’s debts, including any fees and expenses to which an administrator is entitled under a document made by the principal or under a law;\n- (c) receiving and recovering money payable to the principal;\n- (d) carrying on a trade or business of the principal;\n- (e) performing contracts entered into by the principal;\n- (f) discharging a mortgage over the principal’s property;\n- (g) paying rates, taxes, insurance premiums or other outgoings for the principal’s property;\n- (h) insuring the principal or the principal’s property;\n- (i) otherwise preserving or improving the principal’s estate;\n- (j) investing for the principal in authorised investments;\n- (k) continuing investments of the principal, including taking up rights to issues of new shares, or options for new shares, to which the principal becomes entitled by the principal’s existing shareholding;\n- (l) undertaking a real estate transaction for the principal;\n- (m) dealing with land for the principal under the Land Act 1994 or Land Title Act 1994 ;\n- (n) undertaking a transaction for the principal involving the use of the principal’s property as security (for example, for a loan or by way of a guarantee) for an obligation the performance of which is beneficial to the principal;\n- (o) a legal matter relating to the principal’s financial or property matters;\n- (p) withdrawing money from, or depositing money into, the principal’s account with a financial institution.","sortOrder":241},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Personal matter","content":"# Personal matter","sortOrder":242},{"sectionNumber":"sch.2-sec.2","sectionType":"section","heading":"Personal matter","content":"### sch.2-sec.2 Personal matter\n\nA personal matter , for a principal, is a matter, other than a special personal matter or special health matter, relating to the principal’s care, including the principal’s health care, or welfare, including, for example, a matter relating to 1 or more of the following—\nwhere the principal lives;\nwith whom the principal lives;\nservices provided to the principal;\nwhether the principal works and, if so, the kind and place of work and the employer;\nwhat education or training the principal undertakes;\nwhether the principal applies for a licence or permit;\nday-to-day issues, including, for example, diet and dress;\nwhether to consent to a forensic examination of the principal;\nSee also section 104 (Protection for person carrying out forensic examination with consent).\nhealth care of the principal;\na legal matter not relating to the principal’s financial or property matters;\nwho may have access visits to, or other contact with, the principal;\nadvocacy relating to the care and welfare of the principal.\nsch 2 s 2 sub 2000 No. 8 s 263 sch 3\namd 2003 No. 87 s 59 ; 2016 No. 9 s 57 ; 2019 No. 9 s 81\n- (a) where the principal lives;\n- (b) with whom the principal lives;\n- (ba) services provided to the principal;\n- (c) whether the principal works and, if so, the kind and place of work and the employer;\n- (d) what education or training the principal undertakes;\n- (e) whether the principal applies for a licence or permit;\n- (f) day-to-day issues, including, for example, diet and dress;\n- (g) whether to consent to a forensic examination of the principal; Note— See also section 104 (Protection for person carrying out forensic examination with consent).\n- (h) health care of the principal;\n- (i) a legal matter not relating to the principal’s financial or property matters;\n- (j) who may have access visits to, or other contact with, the principal;\n- (k) advocacy relating to the care and welfare of the principal.","sortOrder":243},{"sectionNumber":"sch.2-sec.3","sectionType":"section","heading":"Special personal matter","content":"### sch.2-sec.3 Special personal matter\n\nA special personal matter , for a principal, is a matter relating to 1 or more of the following—\nmaking or revoking the principal’s will;\nmaking or revoking a power of attorney, enduring power of attorney or advance health directive of the principal;\nexercising the principal’s right to vote in a Commonwealth, State or local government election or referendum;\nconsenting to adoption of a child of the principal under 18 years;\nconsenting to marriage of the principal;\nconsenting to the principal entering into a civil partnership;\nconsenting to the principal terminating a civil partnership;\nentering into, or agreeing to enter into, a surrogacy arrangement under the Surrogacy Act 2010 ;\nconsenting to the making or discharge of a parentage order under the Surrogacy Act 2010 ;\nentering a plea on a criminal charge for the principal;\napplying, or consenting to an application, for a cultural recognition order or applying for a discharge order under the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 ;\napplying to alter the record of sex of the principal in the relevant child register under the Births, Deaths and Marriages Registration Act 2023 ;\napplying to alter the record of sex of a child of the principal in the relevant child register under the Births, Deaths and Marriages Registration Act 2023 ;\napplying for a recognised details certificate for the principal under the Births, Deaths and Marriages Registration Act 2023 ;\napplying for a recognised details certificate for a child of the principal under the Births, Deaths and Marriages Registration Act 2023 .\nsch 1 s 3 sub 2000 No. 8 s 263 sch 3\namd 2010 No. 2 s 99 ; 2011 No. 46 s 71 ; 2012 No. 12 s 59 sch pt 2 ; 2015 No. 33 s 52 (2) sch pt 2 ; 2019 No. 9 s 82 ; 2020 No. 33 s 154 ; 2023 No. 17 s 181\n- (a) making or revoking the principal’s will;\n- (b) making or revoking a power of attorney, enduring power of attorney or advance health directive of the principal;\n- (c) exercising the principal’s right to vote in a Commonwealth, State or local government election or referendum;\n- (d) consenting to adoption of a child of the principal under 18 years;\n- (e) consenting to marriage of the principal;\n- (f) consenting to the principal entering into a civil partnership;\n- (g) consenting to the principal terminating a civil partnership;\n- (h) entering into, or agreeing to enter into, a surrogacy arrangement under the Surrogacy Act 2010 ;\n- (i) consenting to the making or discharge of a parentage order under the Surrogacy Act 2010 ;\n- (j) entering a plea on a criminal charge for the principal;\n- (k) applying, or consenting to an application, for a cultural recognition order or applying for a discharge order under the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 ;\n- (l) applying to alter the record of sex of the principal in the relevant child register under the Births, Deaths and Marriages Registration Act 2023 ;\n- (m) applying to alter the record of sex of a child of the principal in the relevant child register under the Births, Deaths and Marriages Registration Act 2023 ;\n- (n) applying for a recognised details certificate for the principal under the Births, Deaths and Marriages Registration Act 2023 ;\n- (o) applying for a recognised details certificate for a child of the principal under the Births, Deaths and Marriages Registration Act 2023 .","sortOrder":244},{"sectionNumber":"sch.2-sec.4","sectionType":"section","heading":"Health matter","content":"### sch.2-sec.4 Health matter\n\nA health matter , for a principal, is a matter relating to health care, other than special health care, of the principal.\nsch 2 s 4 sub 2000 No. 8 s 263 sch 3","sortOrder":245},{"sectionNumber":"sch.2-sec.5","sectionType":"section","heading":"Health care","content":"### sch.2-sec.5 Health care\n\nHealth care , of a principal, is care or treatment of, or a service or a procedure for, the principal—\nto diagnose, maintain, or treat the principal’s physical or mental condition; and\ncarried out by, or under the direction or supervision of, a health provider.\nHealth care , of a principal, includes withholding or withdrawal of a life-sustaining measure for the principal if the commencement or continuation of the measure for the principal would be inconsistent with good medical practice.\nHealth care , of a principal, does not include—\nfirst aid treatment; or\na non-intrusive examination made for diagnostic purposes; or\nthe administration of a pharmaceutical drug if—\na prescription is not needed to obtain the drug; and\nthe drug is normally self-administered; and\nthe administration is for a recommended purpose and at a recommended dosage level; or\npsychosurgery for the principal.\na visual examination of a principal’s mouth, throat, nasal cavity, eyes or ears\nsch 2 s 5 sub 2000 No. 8 s 263 sch 3\namd 2001 No. 95 s 29 ; 2016 No. 5 s 917 (1)\n(sch.2-sec.5-ssec.1) Health care , of a principal, is care or treatment of, or a service or a procedure for, the principal— to diagnose, maintain, or treat the principal’s physical or mental condition; and carried out by, or under the direction or supervision of, a health provider.\n(sch.2-sec.5-ssec.2) Health care , of a principal, includes withholding or withdrawal of a life-sustaining measure for the principal if the commencement or continuation of the measure for the principal would be inconsistent with good medical practice.\n(sch.2-sec.5-ssec.3) Health care , of a principal, does not include— first aid treatment; or a non-intrusive examination made for diagnostic purposes; or the administration of a pharmaceutical drug if— a prescription is not needed to obtain the drug; and the drug is normally self-administered; and the administration is for a recommended purpose and at a recommended dosage level; or psychosurgery for the principal. a visual examination of a principal’s mouth, throat, nasal cavity, eyes or ears\n- (a) to diagnose, maintain, or treat the principal’s physical or mental condition; and\n- (b) carried out by, or under the direction or supervision of, a health provider.\n- (a) first aid treatment; or\n- (b) a non-intrusive examination made for diagnostic purposes; or\n- (c) the administration of a pharmaceutical drug if— (i) a prescription is not needed to obtain the drug; and (ii) the drug is normally self-administered; and (iii) the administration is for a recommended purpose and at a recommended dosage level; or\n- (i) a prescription is not needed to obtain the drug; and\n- (ii) the drug is normally self-administered; and\n- (iii) the administration is for a recommended purpose and at a recommended dosage level; or\n- (d) psychosurgery for the principal.\n- (i) a prescription is not needed to obtain the drug; and\n- (ii) the drug is normally self-administered; and\n- (iii) the administration is for a recommended purpose and at a recommended dosage level; or","sortOrder":246},{"sectionNumber":"sch.2-sec.5A","sectionType":"section","heading":"Life-sustaining measure","content":"### sch.2-sec.5A Life-sustaining measure\n\nA life-sustaining measure is health care intended to sustain or prolong life and that supplants or maintains the operation of vital bodily functions that are temporarily or permanently incapable of independent operation.\nWithout limiting subsection (1) , each of the following is a life-sustaining measure —\ncardiopulmonary resuscitation;\nassisted ventilation;\nartificial nutrition and hydration.\nA blood transfusion is not a life-sustaining measure .\nsch 2 s 5A ins 2001 No. 95 s 30\n(sch.2-sec.5A-ssec.1) A life-sustaining measure is health care intended to sustain or prolong life and that supplants or maintains the operation of vital bodily functions that are temporarily or permanently incapable of independent operation.\n(sch.2-sec.5A-ssec.2) Without limiting subsection (1) , each of the following is a life-sustaining measure — cardiopulmonary resuscitation; assisted ventilation; artificial nutrition and hydration.\n(sch.2-sec.5A-ssec.3) A blood transfusion is not a life-sustaining measure .\n- (a) cardiopulmonary resuscitation;\n- (b) assisted ventilation;\n- (c) artificial nutrition and hydration.","sortOrder":247},{"sectionNumber":"sch.2-sec.5B","sectionType":"section","heading":"Good medical practice","content":"### sch.2-sec.5B Good medical practice\n\nGood medical practice is good medical practice for the medical profession in Australia having regard to—\nthe recognised medical standards, practices and procedures of the medical profession in Australia; and\nthe recognised ethical standards of the medical profession in Australia.\nsch 2 s 5B ins 2001 No. 95 s 30\n- (a) the recognised medical standards, practices and procedures of the medical profession in Australia; and\n- (b) the recognised ethical standards of the medical profession in Australia.","sortOrder":248},{"sectionNumber":"sch.2-sec.6","sectionType":"section","heading":"Special health matter","content":"### sch.2-sec.6 Special health matter\n\nA special health matter , for a principal, is a matter relating to special health care of the principal.\nAn attorney or guardian may not be given power for a special health matter.\nHowever, a principal may give a direction about a special health matter in an advance health directive. Alternatively, in particular circumstances the tribunal may consent to special health care. See the Guardianship and Administration Act 2000 , section 68 (Special health care).\nsch 2 s 6 sub 2000 No. 8 s 263 sch 3","sortOrder":249},{"sectionNumber":"sch.2-sec.7","sectionType":"section","heading":"Special health care","content":"### sch.2-sec.7 Special health care\n\nSpecial health care , of a principal, is health care of the following types—\nremoval of tissue from the principal while alive for donation to someone else;\nFor the situation after the principal has died, see the Transplantation and Anatomy Act 1979 , particularly section 22 .\nsterilisation of the principal;\ntermination of a pregnancy of the principal;\nparticipation by the principal in special medical research or experimental health care;\nelectroconvulsive therapy or a non-ablative neurosurgical procedure for the principal;\nprescribed special health care of the principal.\nsch 2 s 7 sub 2000 No. 8 s 263 sch 3\namd 2001 No. 95 s 31 ; 2016 No. 5 s 917 (2)\n- (a) removal of tissue from the principal while alive for donation to someone else; Note— For the situation after the principal has died, see the Transplantation and Anatomy Act 1979 , particularly section 22 .\n- (b) sterilisation of the principal;\n- (c) termination of a pregnancy of the principal;\n- (d) participation by the principal in special medical research or experimental health care;\n- (e) electroconvulsive therapy or a non-ablative neurosurgical procedure for the principal;\n- (f) prescribed special health care of the principal.","sortOrder":250},{"sectionNumber":"sch.2-sec.8","sectionType":"section","heading":"Removal of tissue for donation","content":"### sch.2-sec.8 Removal of tissue for donation\n\nFor an adult, removal of tissue for donation to someone else includes removal of tissue from the principal so laboratory reagents, or reference and control materials, derived completely or partly from pooled human plasma may be given to the other person.\nTissue is—\nan organ, blood or part of a human body; or\na substance that may be extracted from an organ, blood or part of a human body.\nsch 2 s 8 sub 2000 No. 8 s 263 sch 3\n(sch.2-sec.8-ssec.1) For an adult, removal of tissue for donation to someone else includes removal of tissue from the principal so laboratory reagents, or reference and control materials, derived completely or partly from pooled human plasma may be given to the other person.\n(sch.2-sec.8-ssec.2) Tissue is— an organ, blood or part of a human body; or a substance that may be extracted from an organ, blood or part of a human body.\n- (a) an organ, blood or part of a human body; or\n- (b) a substance that may be extracted from an organ, blood or part of a human body.","sortOrder":251},{"sectionNumber":"sch.2-sec.9","sectionType":"section","heading":"Sterilisation","content":"### sch.2-sec.9 Sterilisation\n\nSterilisation is health care of a principal who is, or is reasonably likely to be, fertile that is intended, or reasonably likely, to make the principal, or ensure the principal is, permanently infertile.\nendometrial ablation, hysterectomy, tubal ligation and vasectomy\nSterilisation does not include health care primarily to treat organic malfunction or disease of the principal.\nsch 2 s 9 sub 2000 No. 8 s 263 sch 3\n(sch.2-sec.9-ssec.1) Sterilisation is health care of a principal who is, or is reasonably likely to be, fertile that is intended, or reasonably likely, to make the principal, or ensure the principal is, permanently infertile. endometrial ablation, hysterectomy, tubal ligation and vasectomy\n(sch.2-sec.9-ssec.2) Sterilisation does not include health care primarily to treat organic malfunction or disease of the principal.","sortOrder":252},{"sectionNumber":"sch.2-sec.10","sectionType":"section","heading":"Termination","content":"### sch.2-sec.10 Termination\n\nTermination , of a pregnancy of a principal, does not include health care primarily to treat organic malfunction or disease of the principal.\nsch 2 s 10 sub 2000 No. 8 s 263 sch 3","sortOrder":253},{"sectionNumber":"sch.2-sec.11","sectionType":"section","heading":"Primary reason for treatment","content":"### sch.2-sec.11 Primary reason for treatment\n\nHealth care primarily to treat organic malfunction or disease , of a principal, is health care without which an organic malfunction or disease of the principal is likely to cause serious or irreversible damage to the principal’s physical health.\nHealth care involving sterilisation may be primarily to treat organic malfunction or disease if the principal has cancer affecting the reproductive system or cryptorchidism.\nA procedure involving termination of a pregnancy may be primarily to treat organic malfunction if the principal is a pregnant person requiring abdominal surgery for injuries sustained in an accident.\nsch 2 s 11 sub 2000 No. 8 s 263 sch 3\namd 2024 No.7 s 26 sch 1\n- 1 Health care involving sterilisation may be primarily to treat organic malfunction or disease if the principal has cancer affecting the reproductive system or cryptorchidism.\n- 2 A procedure involving termination of a pregnancy may be primarily to treat organic malfunction if the principal is a pregnant person requiring abdominal surgery for injuries sustained in an accident.","sortOrder":254},{"sectionNumber":"sch.2-sec.12","sectionType":"section","heading":"Special medical research or experimental health care","content":"### sch.2-sec.12 Special medical research or experimental health care\n\nSpecial medical research or experimental health care , for a principal, means—\nmedical research or experimental health care relating to a condition the principal has or to which the principal has a significant risk of being exposed; or\nmedical research or experimental health care intended to gain knowledge that can be used in the diagnosis, maintenance or treatment of a condition the principal has or has had.\nSpecial medical research or experimental health care does not include—\npsychological research; or\nan approved clinical research.\nsch 2 s 12 sub 2000 No. 8 s 263 sch 3\n(sch.2-sec.12-ssec.1) Special medical research or experimental health care , for a principal, means— medical research or experimental health care relating to a condition the principal has or to which the principal has a significant risk of being exposed; or medical research or experimental health care intended to gain knowledge that can be used in the diagnosis, maintenance or treatment of a condition the principal has or has had.\n(sch.2-sec.12-ssec.2) Special medical research or experimental health care does not include— psychological research; or an approved clinical research.\n- (a) medical research or experimental health care relating to a condition the principal has or to which the principal has a significant risk of being exposed; or\n- (b) medical research or experimental health care intended to gain knowledge that can be used in the diagnosis, maintenance or treatment of a condition the principal has or has had.\n- (a) psychological research; or\n- (b) an approved clinical research.","sortOrder":255},{"sectionNumber":"sch.2-sec.13","sectionType":"section","heading":"Approved clinical research","content":"### sch.2-sec.13 Approved clinical research\n\nClinical research is—\nmedical research intended to diagnose, maintain or treat a condition affecting the participants in the research; or\na trial of drugs, devices, biologicals or techniques involving the carrying out of health care that may include the giving of placebos to some of the participants in the trial.\nHowever, a comparative assessment of health care already proven to be beneficial is not medical research.\na comparative assessment of the effects of different forms of administration of a drug proven to be beneficial in the treatment of a condition, for example, a continuous infusion, as opposed to a once-a-day administration, of the drug\na comparative assessment of the angle at which to set a tilt-bed to best assist a principal’s breathing.\nApproved clinical research is clinical research approved by the tribunal under the Guardianship and Administration Act 2000 , section 74C .\nsch 2 s 13 ins 2000 No. 8 s 263 sch 3\namd 2003 No. 87 s 60 ; 2019 No. 9 s 83\n(sch.2-sec.13-ssec.1) Clinical research is— medical research intended to diagnose, maintain or treat a condition affecting the participants in the research; or a trial of drugs, devices, biologicals or techniques involving the carrying out of health care that may include the giving of placebos to some of the participants in the trial.\n(sch.2-sec.13-ssec.1A) However, a comparative assessment of health care already proven to be beneficial is not medical research. a comparative assessment of the effects of different forms of administration of a drug proven to be beneficial in the treatment of a condition, for example, a continuous infusion, as opposed to a once-a-day administration, of the drug a comparative assessment of the angle at which to set a tilt-bed to best assist a principal’s breathing.\n(sch.2-sec.13-ssec.2) Approved clinical research is clinical research approved by the tribunal under the Guardianship and Administration Act 2000 , section 74C .\n- (a) medical research intended to diagnose, maintain or treat a condition affecting the participants in the research; or\n- (b) a trial of drugs, devices, biologicals or techniques involving the carrying out of health care that may include the giving of placebos to some of the participants in the trial.\n- • a comparative assessment of the effects of different forms of administration of a drug proven to be beneficial in the treatment of a condition, for example, a continuous infusion, as opposed to a once-a-day administration, of the drug\n- • a comparative assessment of the angle at which to set a tilt-bed to best assist a principal’s breathing.","sortOrder":256},{"sectionNumber":"sch.2-sec.14","sectionType":"section","heading":"Electroconvulsive therapy","content":"### sch.2-sec.14 Electroconvulsive therapy\n\nElectroconvulsive therapy is the application of electric current to specific areas of the head to produce a generalised seizure that is modified by general anaesthesia and the administration of a muscle relaxing agent.\nsch 2 s 14 ins 2000 No. 8 s 263 sch 3","sortOrder":257},{"sectionNumber":"sch.2-sec.15","sectionType":"section","heading":"Psychosurgery","content":"### sch.2-sec.15 Psychosurgery\n\nPsychosurgery is a procedure on the brain, that involves deliberate damage to or removal of brain tissue, for the treatment of a mental illness.\nsch 2 s 15 ins 2000 No. 8 s 263 sch 3\nsub 2016 No. 5 s 917 (3)","sortOrder":258},{"sectionNumber":"sch.2-sec.15A","sectionType":"section","heading":"Non-ablative neurosurgical procedure","content":"### sch.2-sec.15A Non-ablative neurosurgical procedure\n\nA non-ablative neurosurgical procedure is a procedure on the brain, that does not involve deliberate damage to or removal of brain tissue, for the treatment of a mental illness.\nsch 2 s 15A ins 2016 No. 5 s 917 (4)","sortOrder":259},{"sectionNumber":"sch.2-sec.16","sectionType":"section","heading":null,"content":"### Section sch.2-sec.16\n\nsch 2 s 16 ins 2000 No. 8 s 263 sch 3\nom 2001 No. 95 s 32","sortOrder":260},{"sectionNumber":"sch.2-sec.17","sectionType":"section","heading":"Prescribed special health care","content":"### sch.2-sec.17 Prescribed special health care\n\nPrescribed special health care means health care prescribed under the Guardianship and Administration Act 2000 .\nsch 2 s 17 ins 2000 No. 8 s 263 sch 3","sortOrder":261},{"sectionNumber":"sch.2-pt.3","sectionType":"part","heading":"Legal matter","content":"# Legal matter","sortOrder":262},{"sectionNumber":"sch.2-sec.18","sectionType":"section","heading":"Legal matter","content":"### sch.2-sec.18 Legal matter\n\nA legal matter , for a principal, includes a matter relating to—\nuse of legal services to obtain information about the principal’s legal rights; and\nuse of legal services to undertake a transaction; and\nuse of legal services to bring or defend a proceeding before a court, tribunal or other entity, including an application under the Succession Act 1981 , part 4 or an application for compensation arising from a compulsory acquisition; and\nThis enables the Supreme Court to make provision for a dependant of a deceased person from the deceased person’s estate if adequate provision is not made from the estate for the dependant’s proper maintenance and support.\nbringing or defending a proceeding, including settling a claim, whether before or after the start of a proceeding.\nsch 2 s 18 ins 2000 No. 8 s 263 sch 3\n- (a) use of legal services to obtain information about the principal’s legal rights; and\n- (b) use of legal services to undertake a transaction; and\n- (c) use of legal services to bring or defend a proceeding before a court, tribunal or other entity, including an application under the Succession Act 1981 , part 4 or an application for compensation arising from a compulsory acquisition; and Note— This enables the Supreme Court to make provision for a dependant of a deceased person from the deceased person’s estate if adequate provision is not made from the estate for the dependant’s proper maintenance and support.\n- (d) bringing or defending a proceeding, including settling a claim, whether before or after the start of a proceeding.","sortOrder":263}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act began as a consolidation of power of attorney law but has been significantly expanded over time beyond its original scope. It now encompasses advance health directives (including end-of-life decisions), a dedicated business execution regime introduced in 2021 allowing electronic signing and counterpart execution, interaction with the mental health and forensic disability systems, and recognition of interstate documents. These additions substantially broadened the Act from a relatively straightforward property and financial authority instrument into a comprehensive personal planning statute touching on healthcare, incapacity, corporate governance, and digital transactions."},"complexity_factors":["Multiple distinct document types (general POA, enduring POA, advance health directive, business POA) each with different rules that interact with each other","Layered cross-references to numerous other Acts including the Property Law Act 2023, Land Title Act 1994, Guardianship and Administration Act 2000, Mental Health Act 2016, Forensic Disability Act 2011, Bankruptcy Act 1966, Trustee Companies Act 1968, and Criminal Code","Different eligibility criteria for attorneys depending on the type of matter (financial vs personal vs health) and type of document","Complex revocation rules with multiple triggers (incapacity, death, bankruptcy, resignation, terms of the document) and exceptions for security powers of attorney","Special sub-regime for business powers of attorney with electronic signing, counterpart execution, and video-link witnessing provisions","Life-sustaining measure directions require multiple cumulative medical conditions to be satisfied before they can operate","Interaction between the Act and mental health/forensic disability legislation creates priority and interpretation rules","Capacity requirements differ depending on whether the principal is making an EPA, an advance health directive, or a general POA","Recognition of interstate documents adds a jurisdictional complexity layer","Definitions are technical and frequently cross-reference schedules and other legislation"],"plain_english_summary":"## Powers of Attorney Act 1998 (Queensland)\n\n### What is this law about?\n\nThis Queensland law sets out the rules for **powers of attorney** — legal documents that let you (the \"principal\") appoint someone else (the \"attorney\") to make decisions and act on your behalf. It covers three main types of documents:\n\n---\n\n### 1. General Powers of Attorney\nA standard power of attorney lets you appoint someone to handle your financial and legal affairs (but **not** personal or health decisions — only an enduring power of attorney can do that). Key rules:\n- The power starts immediately unless you specify otherwise\n- It **automatically ends** if you lose mental capacity, die, or the attorney dies/goes bankrupt\n- You can appoint multiple attorneys to act together or independently\n- It can be revoked (cancelled) in writing, but you must notify the attorney and deregister it if it was registered\n- **It is a criminal offence** (with a fine of up to 200 penalty units) for someone to dishonestly pressure you into making or cancelling one\n\n---\n\n### 2. General Powers of Attorney for Businesses\nSpecial rules apply when a business (company, partnership, or unincorporated association — but **not** a sole trader) grants a power of attorney:\n- Companies don't need to use a company seal — two directors, or a director and secretary, can sign instead\n- Documents can be **electronic** and **electronically signed**\n- Multiple signatories can sign separate copies (\"counterparts\") rather than the same physical document\n- Remote witnessing of seal-fixing via video link is permitted\n\n---\n\n### 3. Enduring Powers of Attorney\nAn enduring power of attorney (EPA) is a more powerful document because it **survives** if you lose mental capacity — that's the whole point of it. You can grant power over:\n- **Financial matters** (e.g., managing bank accounts, property, investments) — can start immediately or only when you lose capacity\n- **Personal matters** (e.g., where you live, day-to-day care, health decisions) — only active when you lack capacity\n\nStrict rules govern who can be appointed as an attorney under an EPA:\n- Must be 18+\n- Cannot be your paid carer (or have been within the last 3 years)\n- Cannot be your doctor or healthcare provider\n- Cannot be the operator of a residential facility where you live\n- Cannot be bankrupt (for financial matters)\n- The Public Trustee or a trustee company can act for financial matters; the Public Guardian can act for personal matters\n\nAn EPA made in another Australian state or territory is recognised in Queensland if it met the requirements of that jurisdiction.\n\n---\n\n### 4. Advance Health Directives (Living Wills)\nThis is a document where you give **advance instructions** about your future medical care — for when you can no longer make or communicate decisions yourself. You can:\n- Consent in advance to specific medical treatments\n- Direct that **life-sustaining treatment be withheld or withdrawn** (but only under strict conditions — terminal illness, persistent vegetative state, permanent unconsciousness, or sustained only by machines)\n- Appoint an attorney to make health decisions if your written directions don't cover the situation\n\n**Important limits:** Nothing in this law authorises euthanasia or assisted suicide. The Criminal Code still applies in full.\n\nAdvance health directives made in other Australian states are recognised in Queensland.\n\n---\n\n### Who does this affect?\n- **Individuals** planning for their future, illness, or old age\n- **Families and carers** acting on behalf of someone who has lost capacity\n- **Businesses** granting authority to act on their behalf\n- **Doctors and healthcare providers** who must follow valid directions\n- **Lawyers, justices of the peace, and witnesses** who must follow strict signing and witnessing rules\n\n---\n\n### Why does it matter?\nThis law gives you control over who makes decisions for you — and on what terms — if you can no longer do so yourself. It protects against abuse through strict eligibility rules for attorneys and criminal penalties for coercion."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.14(7) and sec.7","severity":"medium","reasoning":"Section 14(7) purports to extend the proof mechanism to pre-commencement documents, then appends 'See also section 7 (Application of ch 2)' which restricts Chapter 2 to post-commencement documents. The note undermines the very extension the subsection creates, creating a circular tension.","confidence":0.72,"description":"Section 14(7) states that the proof of power of attorney provision 'also applies to a power of attorney made before the commencement of this Act', but then cross-references section 7, which states Chapter 2 only applies to powers of attorney made AFTER commencement. The cross-reference to section 7 is internally contradictory with the explicit extension to pre-commencement documents."},{"type":"self_contradicting","section":"sec.17(3) and sec.7","severity":"medium","reasoning":"The drafting technique of extending specific provisions to pre-commencement documents while appending a reference to the general restriction in section 7 creates internal incoherence. The cross-reference does not resolve the tension but rather highlights it.","confidence":0.7,"description":"Section 17(3) states the written revocation provision 'also applies to a power of attorney made before the commencement of this Act', with a cross-reference to section 7 which limits Chapter 2 to post-commencement powers. The same structural absurdity as section 14(7) applies."},{"type":"self_contradicting","section":"sec.18(1) and sec.18(2)","severity":"high","reasoning":"The automatic revocation in sec.18(1) is absolute on its face. Sec.18(2) carves out an exception for 'incommunicate' principals but uses the word 'however', suggesting it is an exception to sec.18(1). Yet if the court order only operates 'from the date of the order', the power has already been revoked before the order is made. The statute provides no mechanism to retroactively un-revoke the power for the period between the onset of incapacity and the court order, leaving a gap where no valid power exists.","confidence":0.8,"description":"Section 18(1) provides that impaired capacity of a principal automatically revokes the power of attorney. Section 18(2) then allows a court to confirm the power remains in force if the principal is 'incommunicate'. However, 'incommunicate' is defined in sec.18(3) as being incapable of communicating decisions — which is itself a form of impaired capacity. So the court is being asked to preserve a power that has already been automatically revoked by operation of sec.18(1), creating a logical paradox."},{"type":"circular_definition","section":"sec.24A (definition of 'physical document') and sec.24A (definition of 'sign')","severity":"high","reasoning":"The omission of 'electronic document' from the definitions while retaining 'physical document' (defined as the negative of 'electronic document') and 'sign' (which uses 'electronic document') creates a definitional black hole. 'Physical document' is defined by reference to a term that no longer has a statutory definition, and 'sign' bifurcates on a distinction that is now undefined.","confidence":0.88,"description":"The definition of 'physical document' was substituted by 2023 amendment to mean 'a document other than an electronic document', but the definition of 'electronic document' was simultaneously omitted by the same amendment. The definition of 'sign' still distinguishes between physical and electronic documents, referring to 'an electronic document', which is now an undefined term."},{"type":"self_contradicting","section":"sec.24B(1) and sec.24B(2)","severity":"medium","reasoning":"Signatures and seals are operative parts of a legal instrument — they are part of its 'contents' in any meaningful sense. A counterpart that can lawfully omit these elements cannot simultaneously be a copy that 'includes the entire contents'. The subsections directly contradict each other.","confidence":0.82,"description":"A counterpart is defined in sec.24B(1) as 'a copy of the document that includes the entire contents of the document.' Sec.24B(2) then provides that a counterpart need NOT include the signatures of other signatories or the common seal. A document that omits signatures and seals does not include the 'entire contents' of the original, making the definition self-contradicting."},{"type":"circular_definition","section":"sec.24H(1)(d) and sec.24H(9)","severity":"medium","reasoning":"While pre-existing powers of attorney could theoretically supply the requisite authority, the definition creates a logical regress for the initial authorisation. A corporation signing its first power of attorney via an 'attorney' under sec.24H(1)(d) cannot rely on that subsection because the attorney's authority must itself derive from a prior power of attorney given by the corporation.","confidence":0.65,"description":"Section 24H(1)(d) permits a corporation to execute a general power of attorney via 'a lawfully authorised agent or attorney'. The definition of 'attorney' in sec.24H(9) means a person acting under authority of a power of attorney given by the corporation. This creates a bootstrapping problem: the corporation needs a power of attorney already in place to authorise the agent who signs the new power of attorney, which itself requires authorisation."},{"type":"self_contradicting","section":"sec.36(2)(c) combined with sec.37","severity":"high","reasoning":"Criminal Code s.296 deems a person who does any act or omission that hastens death of another to have killed that person. The Act expressly authorises directions to withdraw artificial nutrition/hydration (which hastens death), then simultaneously declares it does not affect s.296 or authorise killing. The practical effect of following a lawful direction under s.36(2) may constitute 'acceleration of death' under s.296 of the Criminal Code, placing compliant healthcare providers in an impossible legal position.","confidence":0.75,"description":"Section 36(2) permits a direction to withhold or withdraw artificial nutrition and hydration (which will hasten or cause death) once certain conditions are met. Section 37 declares the Act does not 'authorise, justify or excuse killing a person' and does not affect Criminal Code s.296 (acceleration of death). There is a logical tension between authorising withdrawal of nutrition/hydration and disclaiming any authorisation to hasten death, since withdrawal of nutrition necessarily hastens death."},{"type":"other","section":"sec.41(2)(d) and sec.41(2)(f)","severity":"low","reasoning":"This is more a philosophical tension than a strict legal flaw, but it does create a practical paradox: a principal who truly understands item (f) may rationally refuse to make an EPA, yet the EPA framework depends on principals making EPAs before losing capacity. The requirement to understand one's own future helplessness as a precondition to a valid document is somewhat circular.","confidence":0.55,"description":"Section 41(2)(d) requires the principal to understand they 'may revoke the enduring power of attorney at any time the principal is capable'. Section 41(2)(f) requires them to understand that when they are not capable, they are 'unable to effectively oversee the use of the power'. Together these create a Catch-22: the power is designed to operate precisely when the principal lacks capacity, but the capacity requirement for making the document requires understanding that this incapacity means they cannot oversee its use — which a principal with genuinely impaired capacity cannot meaningfully comprehend."},{"type":"other","section":"sec.25(3)","severity":"medium","reasoning":"Death of the principal under s.19 automatically revokes the power. However, s.25(3) appears to preserve the registration-based authority until a revocation instrument is registered. No one can register a revocation instrument after the principal's death except by court order or executor action — yet the attorney could in the interim purport to act under the still-registered power. The 'subject to another Act' qualifier partially mitigates this but does not resolve it.","confidence":0.68,"description":"Section 25(3) provides that a registered power of attorney continues to authorise the attorney until a revocation instrument is registered, even if the power has been revoked in fact (e.g., by the principal's death under s.19 or impaired capacity under s.18). This creates a situation where a legally revoked power of attorney remains ostensibly operative for registered purposes, potentially enabling an attorney to act under a power that has been automatically extinguished by operation of law."}],"contradictions":[{"severity":"medium","section_a":"sec.7(1)","section_b":"sec.14(7)","confidence":0.7,"description":"Section 7(1) explicitly excludes enduring powers of attorney from Chapter 2 and limits Chapter 2 to powers made after commencement. Section 14(7) extends the proof provisions to powers made before commencement. The cross-reference to s.7 appended to s.14(7) does not resolve which provision prevails — it creates ambiguity about whether s.14(7) is a valid exception to s.7 or merely an erroneous drafting inclusion."},{"severity":"high","section_a":"sec.18(1)","section_b":"sec.18(2)","confidence":0.82,"description":"Section 18(1) states the power of attorney IS revoked (automatic, immediate) when the principal has impaired capacity. Section 18(2) allows the court to confirm it 'remains in full force and effect' if the principal is incommunicate — a species of impaired capacity. Once automatically revoked by s.18(1), there is nothing legally capable of remaining in force for s.18(2) to confirm, unless the court order has retroactive effect — which the section does not provide for (it operates 'from the date of the order')."},{"severity":"low","section_a":"sec.32(2)","section_b":"sec.18(1)","confidence":0.6,"description":"Section 32(2) states an enduring power of attorney 'is not revoked by the principal becoming a person with impaired capacity'. Section 18(1) states that if a principal 'becomes a person who has impaired capacity, the power of attorney is revoked'. Section 7 excludes enduring powers from Chapter 2 (which contains s.18), so the conflict is formally resolved by the exclusion. However, this structural solution is not obvious on the face of either provision and could lead to misapplication."},{"severity":"low","section_a":"sec.24C(3)","section_b":"sec.24D(1)","confidence":0.58,"description":"Section 24C(3) states that Part 3A prevails over inconsistencies with 'any other provision of this Act'. Section 24D(1) states Part 3A prevails over inconsistencies with 'any other law'. These are different scopes of paramountcy — one internal, one external. Read together they suggest Part 3A is supreme over everything, but sec.24D(2) then carves out Land Title Act 1994 and Land Act 1994 execution requirements from that supremacy. The interaction between these three provisions and the general carve-out creates uncertainty about the true hierarchy."},{"severity":"high","section_a":"sec.36(2)","section_b":"sec.37","confidence":0.73,"description":"Section 36(2) positively authorises directions to withhold or withdraw life-sustaining measures including artificial nutrition and hydration. Section 37 declares the Act does not 'authorise, justify or excuse killing a person' and does not affect Criminal Code s.296 (acceleration of death). A healthcare provider who withholds nutrition pursuant to a valid direction under s.36(2) may simultaneously be 'accelerating death' under Criminal Code s.296 (which s.37 preserves). The two provisions cannot both be fully operative simultaneously."},{"severity":"low","section_a":"sec.31(1)(a)","section_b":"sec.31(2)","confidence":0.52,"description":"Section 31(1)(a) requires an eligible witness to be a justice, commissioner for declarations, notary public or lawyer. Section 31(2) declares that a person is not excluded from being an eligible witness merely because they are 'an attorney's employee who is the witness for the document while acting in the ordinary course of employment'. An attorney's employee acting in the ordinary course of employment would still need to satisfy the qualification requirement in s.31(1)(a). Section 31(2) only removes the conflict-of-interest concern but creates an implication that employment relationship alone might otherwise disqualify — which s.31(1) does not say — causing interpretive uncertainty."},{"severity":"medium","section_a":"sec.24L(2)","section_b":"sec.24L(3)","confidence":0.65,"description":"Section 24L(2) requires that if a general power of attorney is made in counterparts, EACH counterpart must be lodged in the registry. Section 24L(3) requires that if a counterpart is in electronic form, a printed certified copy must be lodged instead. Read together, where a multi-signatory EPA has some signatories on physical counterparts and some on electronic counterparts, the obligation to lodge 'each counterpart' conflicts with the substitution of a printed copy for electronic counterparts — it is unclear whether the physical counterparts AND the printed copies of electronic counterparts must all be lodged, or whether the printed copies substitute for ALL counterparts."}]},"kimi_summary":{"_metrics":{"completionTokens":634},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1998 scope. Major additions include: Part 3A (2021) for electronic execution and business-specific rules; advance health directive provisions that now overlap with end-of-life care law; detailed conflict transaction rules (section 73); beneficiary protection provisions (sections 61B-61D); and extensive transitional arrangements. The original Act focused on property/financial powers of attorney, but now encompasses personal matters, health care decisions, special health care, and complex business execution rules."},"complexity_factors":["Multiple overlapping document types (general, enduring, advance health directive) with different rules","Extensive cross-referencing to other Acts (Guardianship and Administration Act, Property Law Act, Mental Health Act, etc.)","Detailed eligibility requirements for attorneys and witnesses with multiple disqualifying conditions","Conditional triggers based on capacity status — 'impaired capacity' is pivotal but defined elsewhere","Complex revocation rules with exceptions (marriage, divorce, bankruptcy, death, impaired capacity)","Nested definitions in Schedule 2 for 'financial matter', 'personal matter', 'health matter', 'special health matter' with 15+ sub-categories","Electronic execution provisions for businesses with 'accepted method' definitions and alternatives","Transitional provisions spanning 1998, 2000, 2001, 2019, 2021 amendments with grandfathering clauses","Interaction with succession law (wills, beneficiaries) creating property/death tax complexities","Court and tribunal jurisdiction split with specific powers allocated to each"],"plain_english_summary":"This Queensland legislation governs **powers of attorney** — legal documents where one person (the \"principal\") gives another person (the \"attorney\") authority to make decisions on their behalf.\n\n**What it covers:**\n\n- **General powers of attorney** — for financial/property matters only; these automatically end if the principal loses mental capacity\n- **Enduring powers of attorney** — continue even if the principal loses capacity; can cover financial matters **and** personal/health matters\n- **Advance health directives** — written instructions about future health care, including life-sustaining treatment\n\n**Key rules:**\n\n- Attorneys must act honestly, keep records, and avoid conflicts of interest\n- Special rules apply for businesses (electronic signing, execution by corporations/partnerships)\n- \"Powers of attorney given as security\" (like for mortgages) are irrevocable until the debt is paid\n- Enduring documents have strict requirements: must be in approved forms, witnessed by eligible witnesses, and include certificates about the principal's capacity\n- Health care directions only operate when the principal has \"impaired capacity\" (can't make their own decisions)\n- The Queensland Civil and Administrative Tribunal and Supreme Court can resolve disputes, remove attorneys, and make declarations about validity\n\n**Who it affects:** Anyone making or acting under a power of attorney in Queensland, including individuals, businesses, health providers, and attorneys managing someone else's affairs."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly beyond its original purpose of consolidating the law of powers of attorney. It now includes provisions for enduring powers of attorney and advance health directives (Chapter 3), business-specific electronic execution rules (Part 3A added in 2021), extensive court and tribunal powers (Chapter 6), and numerous transitional provisions from amendments. The original 1998 Act was relatively narrow; subsequent amendments have broadened it to cover health decision-making, electronic signing, and more detailed fiduciary duties."},"complexity_factors":["Lengthy document with over 180 sections plus schedules","Numerous defined terms (e.g., 'eligible attorney', 'enduring document', 'conflict transaction')","Cross-references to other Acts (Property Law Act, Guardianship and Administration Act, Land Title Act, etc.)","Multiple parts with different rules for general vs enduring powers of attorney and business powers","Conditional logic and exceptions (e.g., section 10 for powers given as security, section 73 conflict transactions)","Highly formal execution and witnessing requirements with specific eligibility criteria","Transitional provisions for amendments, adding layers of complexity","Interplay with common law and other legislation"],"plain_english_summary":"The Powers of Attorney Act 1998 sets out the legal rules for creating, using, and ending powers of attorney in Queensland. A power of attorney is a document where one person (the principal) gives another person (the attorney) the authority to make decisions or take actions on their behalf. \n\nThe Act covers two main types:\n- **General powers of attorney**: These are usually limited in time or purpose and end if the principal loses mental capacity.\n- **Enduring powers of attorney**: These continue even after the principal loses capacity. They can cover financial matters, personal matters (like health care), or both.\n\nThe Act also covers **advance health directives**, which are documents where a person gives instructions about future health care and can appoint an attorney for health matters.\n\n**Who does it affect?** Anyone who wants to appoint an attorney, anyone who agrees to be an attorney, and professionals (like lawyers, doctors, and financial institutions) who deal with attorneys.\n\n**Key rules:**\n- Powers of attorney must be in writing and signed correctly. For enduring documents, there are extra requirements like having an eligible witness and a capacity certificate from a doctor for advance health directives.\n- Attorneys must act honestly, with reasonable diligence, and avoid conflicts of interest unless authorised.\n- The principal can generally revoke (cancel) a power of attorney at any time if they have capacity.\n- There are protections for people who deal with an attorney in good faith, even if the power later turns out to be invalid.\n- A special part (Part 3A) allows businesses to create general powers of attorney electronically without needing a seal.\n- The Act creates offences for dishonestly inducing someone to make or revoke a power of attorney.\n\nThe court and the Queensland Civil and Administrative Tribunal (QCAT) can make orders about the validity of documents, remove attorneys, change terms, and award compensation.\n\n**Why does it matter?** It provides a clear legal framework so people can plan for future decision-making, especially if they lose capacity. It sets out the responsibilities of attorneys and protects the rights of principals."}},"importantCases":[],"_links":{"self":"/api/acts/powers-of-attorney-act-1998","history":"/api/acts/powers-of-attorney-act-1998/history","analysis":"/api/acts/powers-of-attorney-act-1998/analysis","conflicts":"/api/acts/powers-of-attorney-act-1998/conflicts","importantCases":"/api/acts/powers-of-attorney-act-1998/important-cases","documents":"/api/acts/powers-of-attorney-act-1998/documents"}}