QLDIn ForceAct
Powers of Attorney Act 1998
sec.35Advance health directives
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### sec.35 Advance health directives
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.
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requiring, in the circumstances specified, a life-sustaining measure to be withheld or withdrawn; and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.
A direction in an advance health directive has priority over a general or specific power for health matters given to any attorney.
An advance health directive is not revoked by the principal becoming a person with impaired capacity.
To remove any doubt, it is declared that an advance health directive may be made by an adult principal who is outside the State.
s 35 amd 2000 No. 8 s 263 sch 3 ; 2001 No. 95 s 24 ; 2019 No. 9 s 61
(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.
(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.
(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.
(sec.35-ssec.4) An advance health directive is not revoked by the principal becoming a person with impaired capacity.
(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.
- (a) give directions, about health matters and special health matters, for his or her future health care; and
- (b) give information about his or her directions; and
- (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.
- (d) provide terms or information about exercising the power.
- (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
- (b) requiring, in the circumstances specified, a life-sustaining measure to be withheld or withdrawn; and
- (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.