Queensland Consolidated Acts

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POWERS OF ATTORNEY ACT 1998 - SECT 111A

Application of presumption of capacity

111A Application of presumption of capacity

(1) If, in performing a function or exercising a power under this Act, the court or tribunal is required to make a decision about an adult’s capacity for a matter, the court or tribunal is to presume the adult has capacity for the matter until the contrary is proven.
(2) If a declaration by the court or tribunal that an adult has impaired capacity for a matter is in force, a person or other entity that performs a function or exercises a power under this Act is entitled to rely on the declaration to presume that the adult does not have capacity for the matter.



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