Rules for Powers of Attorney
Part of the Powers of Attorney and guardianship topic
Understand the rules you must follow when making a Power of Attorney in Queensland.
In short
If you make a Power of Attorney in Queensland, you must follow certain rules. The rules are set out in the:
If you don’t follow these rules, there may be legal consequences. This can include criminal charges, compensation orders or removal as an attorney.
You must
To make a Power of Attorney you must:
- Be at least 18 or older and have the capacity to understand the document and the powers it gives to an attorney
- Choose an attorney who
- is at least 18 old
- has the capacity to make decisions for the matters they are appointed for
- is not your paid carer (or has not been your paid carer in the past three years)
- is not your health provider or service provider for a residential service where you live
- is not bankrupt or using bankruptcy laws (if appointed for financial matters)
- Sign the Power of Attorney in the presence of an eligible witness, such as a
- Justice of the Peace
- Commissioner for Declarations
- Notary public
- Lawyer
- Make sure your attorney signs the document to accept their appointment.
You cannot
When making a Power of Attorney you cannot:
- Appoint more than 4 attorneys for a single matter
- Appoint your paid carer, health provider or residential service provider
- Use a General Power of Attorney to appoint someone to make decisions on
- personal matters
- health care
- Use a General Power of Attorney if you no longer have to capacity to make decisions.
Exceptions and special circumstances
You can:
- Appoint the Public Guardian as your attorney for personal (including health) matters. This is an exception only if you don’t have anyone suitable in your life for this responsibility.
- Appoint the Public Trustee or a trustee company as your attorney for financial matters. You must contact them before you appoint them.