Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

POWERS OF ATTORNEY ACT 1998 - SECT 49

Formal requirements for written revocation of enduring document

49 Formal requirements for written revocation of enduring document

(1) A written revocation of an enduring power of attorney must be in the approved form.
(2) However, a written revocation of an enduring power of attorney, to the extent it gives power for a health matter, or a written revocation of an advance health directive need not be in the approved form.
(3) The revocation of an enduring power of attorney must—
(a) be signed—
(i) by the principal; or
(ii) if the principal revoking it instructs—for the principal and in the principal’s presence, by an eligible signer; and
Note—
See section 30 (Meaning of
"eligible signer" ).
(b) be signed and dated by an eligible witness.
Note—
See section 31 (Meaning of
"eligible witness" ).
It is advisable for the witness to make a written record of the evidence as a result of which the witness considered that the principal understood the necessary matters. For a power of attorney—see section 47 and for an advance health directive—see section 48 .
(4) If the revocation is signed by the principal, it may include a certificate signed by the witness stating the principal
(a) signed the revocation in the witness’s presence; and
(b) at the time, appeared to the witness to have the capacity necessary for the revocation.
(5) If the revocation is signed by a person for the principal, it must include a certificate signed by the witness stating—
(a) the principal, in the witness’s presence, instructed the person to sign the revocation on the principal’s behalf; and
(b) the person signed it in the presence of the principal and witness; and
(c) the principal, at the time, appeared to the witness to have the capacity necessary for the revocation.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback