General Power of Attorney

A general power of attorney allows you (the principal) to appoint someone you trust (an attorney) to make decisions about financial matters for you while you can make decisions about those matters.

• You may use a general power of attorney to appoint an attorney for a specific period or event (e.g. if you are going overseas and need someone to sell your house or pay your bills).

• It’s used while you can still make your own decisions and ends once you lose the capacity to make those decisions (unless it is a power of attorney given as security).

Enduring Power of Attorney

An enduring power of attorney allows you (the principal) to appoint someone you trust (an attorney) to make decisions about personal (including health) matters and/or financial matters for you.

An attorney for personal matters (including health matters) can only make decisions for you when you do not have the capacity to make those decisions.

You can decide when your attorney’s power to make decisions for financial matters begins, including:

• when you no longer can make those decisions

• immediately

• from a specific date

• in particular circumstances or occasions.

The most significant difference between the two is what aspects of life the attorney has to make decisions, general, excluding health or Enduring, including health. 

Completing the document

Refer to the enduring power of attorney explanatory guide while you complete the form. It steps you through the questions and will give you useful information, practical examples, hints and tips.

You will need to sign the form in the presence of one of these witnesses:

• a justice of the peace (JP)

• commissioner for declarations

• notary public

• lawyer.

Once you and the witness have signed the document, your attorney(s) must sign it to accept the appointment. Your attorney(s) do not have to do this immediately; however, they must sign it before they can begin making decisions on your behalf.

If the person doesn't have anyone to choose as your attorney

If you don’t feel confident that you have anyone suitable in your life to take on the responsibilities of an attorney for personal (including health) matters, you can appoint the Public Guardian.

What to do when they completed enduring power of attorney

The enduring power of attorney form doesn't need to be registered power of attorney anywhere.

However, if your attorney(s) need to deal with land in Queensland on your behalf, your enduring power of attorney must first be registered with the Queensland Titles Registry by lodging a request to register power of attorney (form 16) together with a single-sided certified copy of the enduring power of attorney. Once registered with the Titles Registry, an image of the enduring power of attorney will exist on a publicly searchable register.

They should:

• keep the original in a safe place

• give a certified copy to your attorney(s), doctor, other health provider(s), bank or lawyer

• let their close family and friends know that they have made an enduring power of attorney and where to find it.

They should review their enduring power of attorney if your circumstances change.

Making an advance health directive

Who can make an advance health directive

To make an advance health directive, the person must be 18 or older and can understand the nature and effect of the advance health directive.

This means you need to understand:

• The nature and likely effects of each direction in your advance health directive

• that a direction operates only when you can’t make decisions about your health care covered by the direction

• that you may revoke a direction at any time you can decide for the matter covered by the direction

• that at any time you can’t revoke a direction, you will be unable to oversee the direction's implementation effectively.

You must also be able to make the advance health directive freely and voluntarily, not under pressure from someone else.

Your advance health directive must be signed by your doctor and by yourself in the presence of an eligible witness.

In signing the advance health directive, the doctor and witness certify that you appeared to have the capacity to make the advance health directive.

To learn more about the capacity to make an enduring power of attorney, see section 6 of the capacity assessment guidelines.

When to make an advance health directive

The best time to make an advance health directive is now, before any urgent health condition arises. However, it’s particularly important to make one if:

• you are about to be admitted to a hospital

• your medical condition is likely to affect their ability to make decisions

• you have a chronic medical condition that could cause serious complications (e.g. diabetes, asthma and heart or kidney disease).

Preparing to make Your advance health directive

Before you complete an advance health directive, it is advised you read the advance health directive form and explanatory guide.

They should also:

think about your views, wishes and preferences for your future health care

talk to your family and friends

talk to your doctor— as they

have access to your medical history

can help you understand how a particular illness may affect you

can discuss treatment options and the effects of those treatments

if you plan to appoint an attorney for health matters, it is important they consider who you want to appoint and talk to that person about it.

Accessing the form

You can download a free copy of the advance health directive form.

Paper copies are available from various newsagents and stationery suppliers throughout Queensland.

You can also print a copy at your local library or access a print-on-demand service.

Completing the document

You are encouraged to refer to the advance health directive explanatory guide while you complete the form.  It steps you through each of the questions and will give you useful information, practical examples, hints and tips.

A doctor must complete part of the form, so you can ask them to explain your options and any unfamiliar terms. The doctor will assessyour capacity to make the advance health directive and may charge a consultation fee.

After your doctor signs, they need to sign the form in the presence of one of these witnesses:

• a justice of the peace (JP) or

• commissioner for declarations (Cdec) or 

• notary public or

• lawyer.

While the eligible witness does not need to sign the form in front of the doctor, if you and the witness sign the advance health directive as soon as possible after the doctor signs it, this helps confirm your capacity to make the advance health directive.

If the advance health directive appoints an attorney(s) for health matters,  your attorney(s) must sign the document to accept their appointment after you and the witness have signed it. Your attorney(s) do not have to do this immediately; however, they must sign it before making decisions on your behalf.

What to do with the completed form

You do not have to lodge or register your advance health directive anywhere once you have completed your advance health directive.

However, it is strongly recommended that you:

keep the original in a safe place

let your close family and friends know you have made an advance health directive and where to find it.

give a certified copy to your attorney(s) (if appointed), doctor, other health provider(s), bank or lawyer. This may include your local hospital, where they may add it to your patient file

You could also carry a card that states you have made an advance health directive and where to find it.

You should review your advance health directive at least every 2 years, or if your health changes significantly.

Cancelling your advance health directive

You may revoke (cancel) your advance health directive at any time you have the capacity to do so.

You don't need to complete a specific form to revoke (cancel) your advance health directive; however, any revocation must be in writing and you must take all reasonable steps to advise any attorney(s) (if appointed) that it has been revoked.

To learn about other circumstances when your advance health directive may be revoked or cancelled, see page 19 of the explanatory guide.

What an attorney must do

An attorney has important legal duties and obligations that they must comply with.

It is strongly recommended that a person seeks advice from a professional (e.g. a lawyer) when considering whether to accept appointment as an attorney.

These factsheets explain more about the duties and obligations of attorneys in Queensland:

Obligations of attorneys under an enduring document

General and health care principles under our guardianship framework

More information can also be found on pages 22–24 of the advance health directive explanatory guide.

If you do not have an advance health directive

A statutory health attorney may make health care decisions on your behalf if you have not:

made an advance health directive

appointed an attorney for health care matters under an advance health directive or an attorney for personal (including health care) matters under an enduring power of attorney

had a guardian appointed for health care matters by the Queensland Civil and Administrative Tribunal (QCAT).

Statutory health attorney

Your statutory health attorney is the first person, in this order of priority, who is 18 or older, readily available and culturally appropriate to exercise power for a health matter:

1. Your spouse (including a de facto partner and/or civil partner) who is in a close and continuing relationship with you

2. Your carer (who is not your paid carer, health provider or service provider for a residential service where you are a resident)

3. A close friend or relation who is in a close relationship with you (who is not your paid carer, health provider or service provider for a residential service where you are a resident)

If no one is readily available or culturally appropriate, the Public Guardian acts as the statutory health attorney as a last resort.

Decisions a statutory health attorney can make

A statutory health attorney can consent to most health care decisions, including withdrawing and withholding life-sustaining measures.

A statutory health attorney can’t consent to forensic examinations or special health matters, such as:

• tissue donation

• sterilisation

• pregnancy termination

• special medical research or experimental health care.

Only QCAT can give consent for these special health matters.

Responsibilities of a statutory health attorney

A statutory health attorney must apply the general principles and health care principles when making decisions about health matters or special health matters for you.

Learn more about the general and health care principles under our guardianship framework.

The statutory health attorney’s authority ends if you regain the capacity to make decisions. The role is not necessarily ongoing.