QLD Revocation of Enduring Power of Attorney for personal (which includes any Advance Health Direction) +/or financial matters

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Use this document if you wish to revoke (cancel) the appointment of a person or persons as your Enduring Attorney/s in Qld with respect to personal (which includes any Advance Health Direction) or financial matters, or both.

Legal Capacity

A Principal must have the same level of legal mental capacity to revoke an Enduring Power of Attorney as they had when they created it.

Statement of Understanding

The prescribed form includes the following Statement of Understanding which you need to sign before you sign the Revocation:

Extracted from the prescribed Qld Revocation Form

Additional Steps Required to Legally Revoke:

1️⃣ The Principal (you, the person revoking the appointment) must take reasonable steps to inform every Enduring Attorney affected by this revocation that you are bringing his/her Appointment to an end.

If the Principal fails to do this, their Enduring Attorneys can legally continue to make decisions on their behalf.

2️⃣ If the Enduring Power of Attorney is registered under the Land Titles Act 1994 (Qld), to be effective with respect to the Land Titles Registry, it must also be deregistered.

Registration of the formal revocation is required to ensure that no subsequent instruments are capable of being registered (purporting to be made pursuant to an otherwise apparently valid and operative registered Enduring Power of Attorney).

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When do I need to formally revoke the appointment of my Power of Attorney?

Whether or not you need to formally (in writing) revoke the Power of Attorney will depend upon your individual circumstances, as well as those of your appointed Attorney/s.

Attorney not acting in your best interest

If your Attorney does not follow your directions or does not act in your best interest, you should revoke the Power of Attorney.

Note: Making a new Power of Attorney does not automatically revoke earlier Powers of Attorney.

Each earlier Power of Attorney must be specifically revoked.

Legal Mental Capacity

The most important consideration is whether or not you think you may lose your legal mental capacity in the near future.

If this is the case, it is important you have executed your Will, and appointed Attorneys under Enduring Power of Attorney/s +/or Enduring GuardiansAdvance Health Directives you are confident will look after your best interests into the future.

If you have not considered and implemented your estate plan or are not confident you have appointed the right Executor/s, Attorney/s then now is time you need to make any required changes.

In order to revoke an Enduring Power of Attorney, the Principal (you) must still have legal mental capacity.  

For free resources aimed at providing assistance to lawyers and the public regarding how to assess legal mental capacity, please refer the following guides

➲ The Queensland Handbook for Legal Practitioners (i.e., Lawyers) on Capacity; or

➲ The NSW Justice Capacity Toolkit.

Important Note: All of the above applies regardless of whether or not you have concerns.

Legal mental capacity can be lost at anytime due to unforeseen circumstances.

We highly recommend that the above matters be considered as part of a regular review of your estate planning requirements.

If you lose legal mental capacity for any reason, and don't regain it, it will be too late to ensure your intent and instructions are followed.

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.

When does an Enduring Power of Attorney or Advance Health Directive automatically end in Queensland?

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.

What are the Witness Restrictions, Requirements and Guidelines for witnessing Enduring Documents in Queensland?

Witness Restrictions

The witness must not be:

❌ The person signing for the Principal (if applicable);

❌ An Attorney of the Principal;

❌ A current paid carer or health-care provider for the Principal; or

❌ A relation of the Principal or of the Principal’s Attorney/s.

Witness Requirements

The Enduring Document must be witnessed by one of the following:

⚖️ Justice of the Peace;

⚖️ Commissioner for Declarations;

⚖️ Lawyer; or

⚖️ Notary Public.

Guidelines for Witnessing Enduring Documents

Witnesses must satisfy themselves that the Principal understands the nature and effect of:

✅ The document they are signing

✅ The delegation of their decision making powers and directions given about future health care.

When taking instructions, witnesses should:

✅ Ask open-ended questions

✅ Take notes, detailing their interview with the Principal

✅ Refer the Principal to a health care professional if you have doubts about their capacity to understand the document.

Do not witness an enduring document if you have concerns that the Principal:

Lacks Capacity to understand what they are signing; or

❌ Is being Unduly Influenced by another person to sign the document.

For more information please refer to these guidelines published by the Office of the Public Guardian.

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.