Do I need to renew my Qld Power of Attorney / Health Directive?

An Enduring Power of Attorney / Advance Health Directive will automatically end in Queensland if …

The Principal (that is you):

✅ Marry ➲ Unless the Enduring Document states otherwise, it is revoked if the Principal marries. However, if the Principal's spouse is already an Attorney, the EPOA is only revoked to the extent that it gives power to someone other than the spouse;‍

✅ Get Divorced ➲ If the Principal divorces, the Enduring Document is revoked to the extent that it gives power to the former spouse;

✅ Enter into a Civil Partnership ➲ Unless the Enduring Document states otherwise, it is revoked if the Principal enters into a civil partnership. However, if the civil partner is already an Attorney, the Enduring Power of Attorney is only revoked to the extent that it gives power to someone other than the civil partner;

✅ Terminate a Civil Partnership ➲ If the Principal terminates a civil partnership, the Enduring Document is revoked to the extent that it gives power to the former civil partner; or

✅ Make an Inconsistent Document ➲ The Enduring Document is revoked to the extent of any inconsistency with any later documents completed by the Principal, such as another Advance Health Directive or Enduring Power of Attorney presumably replacing the former EPOA or AHD;

✅ Specified Period or Purpose ➲ The Enduring Document may specify a term or date when it will end; or that it has been created for specific purpose and will end upon the completion of that purpose; or

✅ Pass away ➲ If you pass way, the Enduring Document is automatically revoked in its entirety.

An Enduring Power of Attorney / Advance Health Directive will also automatically end in Queensland if any Attorney

❌ Withdraws ➲ The Attorney may withdraw by giving signed notice or by getting the court’s leave to withdraw;

❌ Becomes a paid carer or health-care provider to the Principal ➲ If the Attorney becomes a paid carer or health-care provider, the Enduring Document is revoked to the extent that it gives that Attorney power for a personal matter;‍

❌ Becomes incapable ➲ An Attorney’s power is revoked if he or she is no longer capable to make a decision about a matter;

❌ Becomes bankrupt or insolvent ➲ If an Attorney becomes bankrupt or insolvent, the Enduring Power of Attorney is revoked to the extent that it gives that Attorney power for financial matters; or

❌ Passes away.

Relevant Legislation:

ss. 50-59 Powers of Attorney Act (1998) Qld.

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.