Queensland Consolidated Acts
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POWERS OF ATTORNEY ACT 1998 - SECT 113
Declaration about validity
113 Declaration about validity
(1) The court may decide the validity of a power of attorney, enduring power
of attorney or advance health directive.
(2) The court may declare a document
mentioned in subsection (1) invalid if the court is satisfied—
principal did not have the capacity necessary to make it; or
sections 41 (Principal’s capacity to make an enduring power of attorney) and
42 (Principal’s capacity to make an advance health directive).
does not comply with the other requirements of this Act; or
chapter 2 , part 2 (Making a power of attorney other than an enduring power of
attorney) and chapter 3 , part 4 (Making an enduring document), particularly
section 44 (Formal requirements).
(c) it is invalid for another reason, for
example, the principal was induced to make it by dishonesty or undue
(3) If the court declares the document invalid, the court may, at
the same time, appoint 1 or more attorneys for the principal.
court is not limited to appointing an
"eligible attorney" (defined in section 29 ).
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