What it does
The Powers of Attorney Act 1998 (the Act) establishes a comprehensive statutory code for the creation, operation, revocation and supervision of powers of attorney and advance health directives in Queensland. Its central purpose is to enable adults (principals) to plan in advance for possible loss of decision-making capacity by authorising chosen attorneys to act on their behalf and by recording binding health-care directions.
Chapter 2 governs non-enduring (general) powers of attorney. Section 8 permits a principal to authorise one or more attorneys to do anything (except exercise power for a personal matter) that the principal could lawfully do by an attorney. The power becomes exercisable immediately the document is made unless the principal specifies a later time, circumstance or occasion (s.9). Special rules apply to powers given as security: they must state they are irrevocable, cannot be revoked without the attorney’s consent while the secured interest or obligation remains on foot, and the revocation-by-impairment, bankruptcy or death provisions (ss.22–24) do not apply (s.10). Execution must generally be by the principal or by an eligible signer in the principal’s presence (s.12), although powers contained in mortgages, leases or deeds are exempt and are instead dealt with under the Property Law Act 2023. A prescribed form is required for general powers made under the Act, though substantial compliance suffices (s.11). Proof is by certified copy prepared in accordance with the detailed witnessing and certification rules in s.14.
Chapter 2 Part 3 sets out exhaustive revocation mechanisms for non-enduring powers. Revocation can occur by the principal (written instrument in approved form, s.17, or by operation of law on impaired capacity or death, ss.18–19), according to the power’s own terms (s.20), or by the attorney (resignation, impaired capacity, bankruptcy or death, ss.21–24). The principal must take reasonable steps to notify attorneys and deregister any registered power (s.16). Security powers are largely insulated from these ordinary revocation rules (s.10(2)).