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A general power of attorney covers money and property, and it ends if you lose capacity. An enduring power of attorney keeps working after you lose capacity and can cover personal and health decisions, while an advance health directive records your own health care directions, which come first.
A general power of attorney lets someone handle your money and property, but it ends if you lose capacity. An enduring power of attorney keeps working after you lose capacity, and it can also cover personal and health decisions. An advance health directive records your own directions about future health care, and those directions come first. If you are planning for illness or ageing in Queensland, a general power of attorney will not do the job.
In this guide: Key differences; General power of attorney; Enduring power of attorney; Advance health directive; If there is no document; After a dementia diagnosis; Signing and registering; Changing or ending; Interstate documents; FAQs.
Queensland law as at September 2026.
A note on words. In this guide, “attorney” means the person you appoint to make decisions for you. They do not need to be a lawyer (Powers of Attorney Act 1998 (Qld) ss 5(1), 29). “Capacity” generally means being able to understand a decision, make it freely and voluntarily, and communicate it (sch 3). Making an enduring power of attorney has its own test (s 41). Section numbers are from that Act unless stated.
The main difference is what happens when you lose capacity. A general power of attorney ends. An enduring power of attorney keeps going. A general power of attorney covers financial and property matters only. An enduring power of attorney can also cover personal and health matters. An advance health directive is a third document, for your own directions about your future health care.
| General power of attorney | Enduring power of attorney | Advance health directive | |
|---|---|---|---|
| What it does | Covers money and property, including related legal matters (s 8; sch 2 s 1) | Covers financial matters, personal matters, or both (s 32(1)) | Records your own directions about future health care. It can also appoint an attorney for health matters (s 35(1)) |
| Covers personal and health decisions? | No (s 8(a)) | Yes, including health care, where you live and day-to-day care (sch 2 s 2) | Health only. Its directions come first (s 35(3)) |
| When it starts | When you say, or as soon as it is made (s 9) | Financial: when you say, or as soon as it is made (s 33(1), (2)). Personal and health: only while you cannot make the decision yourself (s 33(4)) | Only while you cannot make the decision yourself (s 36(1)(a)) |
| If you lose capacity | It ends (s 18(1)) | It keeps working (s 32(2)) | It keeps working (s 35(4)) |
| Form and signing | Approved form (Form 1), signed by you (ss 11, 12(2)). The Queensland Government says any adult can witness it, unless your attorney will deal with land | Approved form (Form 2 or 3). Signed in front of an eligible witness, such as a justice of the peace or lawyer, who certifies that you appeared to have capacity. Each attorney signs to accept (ss 31, 44) | Must be in writing; the approved form (Form 4) is optional. Same kind of witness, who also cannot be a beneficiary under your will, plus a certificate from a doctor or nurse practitioner (ss 31(1)(f), 44(2), (6), (7)) |
| When it ends | At death (s 19), or when you cancel it on the approved form (s 17) | At death (s 51), or when you cancel it in writing while you have capacity (s 47) | At death (s 51), or when you cancel it in writing while you have capacity (s 48) |
Checked against Queensland law as at September 2026.
A general power of attorney lets you appoint one or more people to act for you on financial and property matters while you still have capacity. It starts when you say, or as soon as it is made (s 9). It suits a set task or period (s 20), such as paying your bills or selling your house while you are overseas. It ends if you lose capacity or die.
It ends when it is most needed: when you lose capacity (s 18(1)). It cannot cover personal or health decisions either (s 8(a)). For illness, dementia or ageing, you need an enduring power of attorney.
An enduring power of attorney lets you appoint attorneys for financial matters, personal matters, or both. Personal matters include health care, where you live and day-to-day care (sch 2 s 2). Financial power can start straight away or at a time you choose. Personal and health power only works while you cannot make that decision yourself. The power keeps working if you lose capacity, and it ends when you die.
If you set a later start for financial power but lose capacity first, the power starts then (s 33(3)). If the power depends on your impaired capacity, a bank or hospital can ask your attorney for evidence, such as a medical certificate (s 33(5)).
An attorney must be at least 18 and have capacity for the matter. They cannot be your paid carer (now or in the last 3 years), your health provider, or a residential service provider where you live. A bankrupt person cannot act for financial matters. The Public Trustee or a trustee company can act only for financial matters, and the Public Guardian only for personal matters (s 29(1)). Every attorney must act honestly and with reasonable diligence to protect your interests (s 66(1)).
An attorney cannot be given power to make, change or revoke your will, because that is a “special personal matter” (sch 2 s 3(a); Guardianship and Administration Act 2000 (Qld) sch 2 s 3, note). The power ends when you die (s 51), and then your executor deals with your estate. See what an executor does after a death.
An advance health directive is where you give your own directions about future health care. It only operates while you cannot make the decision yourself. Its directions come before any attorney’s power for health matters. You can also use it to appoint an attorney for health matters. A doctor or nurse practitioner must certify that you appeared to have capacity when you made it (ss 35, 36, 44(6)).
No. A direction in an advance health directive has priority over any attorney’s power for health matters (s 35(3)). It comes before a guardian, an attorney or a family member (Guardianship and Administration Act s 66(2)). That stays true even if you make an enduring power of attorney later (s 50, note).
They do different jobs: an enduring power of attorney appoints people to decide for you, and an advance health directive records your own directions. You can have either, or both. The Queensland Government suggests talking to your doctor about the medical content. This guide is not medical advice.
A direction to withhold or withdraw life-sustaining treatment only operates in limited circumstances set out in the Act (s 36(2)). See the Queensland Government’s guide to understanding advance health directives.
“Next of kin” has no special power under Queensland’s powers of attorney laws. For health care, the law sets an order. Your advance health directive comes first, then a guardian appointed by QCAT (the Queensland Civil and Administrative Tribunal), then the attorneys in your latest enduring document, and only then a statutory health attorney, such as a spouse or carer. For money and property, no one takes over automatically. QCAT can appoint an administrator.
The order comes from the Guardianship and Administration Act 2000 (Qld) s 66(2) to (5):
A statutory health attorney makes health decisions only (s 62(1)).
QCAT can appoint a guardian for personal matters or an administrator for financial matters. The adult must have impaired capacity for the matter. A decision must be needed, or the adult must be likely to do something that puts their health, welfare or property at unreasonable risk. And QCAT must be satisfied that, without an appointment, their needs or interests would not be adequately met or protected (Guardianship and Administration Act s 12(1)). The adult, the Public Guardian or anyone with a sufficient and genuine concern for the adult can apply (s 12(3); sch 4).
Not always. The law presumes an adult has capacity (s 6C, general principle 1). The question is whether your parent understands this document and can make it freely and voluntarily at the time of signing. A diagnosis alone does not answer that. If your parent can no longer make an enduring power of attorney, the family may need to ask QCAT to appoint a guardian or administrator.
Your parent must understand the document’s nature and effect (s 41), including that:
The witness must see your parent sign and certify that they appeared to have capacity (s 44(3), (4)). Where there is a reasonable likelihood of doubt, the Act advises the witness to keep a written record of the evidence (s 41(2), note). If you are unsure about your parent’s capacity, the Queensland Government suggests a second opinion from a professional, such as their GP or a lawyer.
It is an offence to dishonestly induce a person to make or cancel an enduring document (s 61). Family can help with the practical side, but the choices must be your parent’s own.
An enduring power of attorney must be on the approved form. It is signed in front of an eligible witness: a justice of the peace, commissioner for declarations, notary public or lawyer. The witness cannot be an attorney, or a relation of you or your attorneys. Each attorney signs to accept. You only need to register it with the Queensland Titles Registry if your attorney will deal with land.
See ss 31 and 44. Use the Long Form (Form 3) to appoint different attorneys for personal and financial matters, and the Short Form (Form 2) otherwise. See the Queensland Government’s page on making and ending an enduring power of attorney.
No. A justice of the peace (JP), commissioner for declarations or notary public can also witness it, if they are not excluded (s 31(1)). If the document gives personal powers, the witness cannot be your paid carer or health provider.
Not usually. Registration is optional (s 60(1)). But a land document your attorney signs for you, such as a transfer of your home, can only be registered if the power of attorney is registered (Land Title Act 1994 (Qld) ss 132, 133). An advance health directive does not need to be lodged or registered anywhere, the Queensland Government says.
A certified copy can be used as proof. A JP or lawyer, among others, can certify it (s 45).
You can cancel an enduring power of attorney in writing, on the approved form, signed in front of an eligible witness, while you still have the capacity to make one. Tell your attorneys, and deregister it if it was registered. Some life events change it automatically. Marriage cancels powers given to anyone other than your new spouse, unless the document says otherwise, and divorce cancels powers given to your former spouse. Every power of attorney ends at death.
See ss 46 to 49 and ss 51 to 53A. The approved form is Form 6. Civil partnerships work the same way. The health part of an enduring power of attorney, and an advance health directive, can be cancelled in writing without the approved form (s 49(2)). A later enduring document cancels an earlier enduring power of attorney where they conflict (s 50(1)). Review your documents after a marriage, separation or move.
An enduring power of attorney made in another Australian state or territory, or in New Zealand, is treated as a Queensland one if it met that place’s rules, but only for powers Queensland law allows. Health care documents from other states and territories are recognised only if a regulation lists them. Queensland has no “enduring guardian” document and does not use the term “lasting power of attorney”. Personal and health decisions go in an enduring power of attorney.
This comes from ss 34 and 40 and sch 3. “State” includes the ACT and the Northern Territory (Acts Interpretation Act 1954 (Qld) sch 1). Documents made in other countries, such as the United Kingdom, fall outside s 34. If you made any of these documents elsewhere, including an “enduring guardian” appointment, get advice about whether it works here.
Not for money or property. For health care only, a spouse can be the statutory health attorney if they are 18 or over, in a close and continuing relationship, and readily available and culturally appropriate (s 63(1)(a)). That applies only if no advance health directive direction, QCAT guardian or appointed attorney covers the decision (Guardianship and Administration Act s 66). A spouse includes a de facto or civil partner (Acts Interpretation Act sch 1).
No. An attorney cannot be given power to make or revoke your will (sch 2 s 3(a)). If your will needs changing, make the change while you have capacity. See what a will and an enduring power of attorney cost.
No. General and enduring powers of attorney and advance health directives all end at death (ss 19, 51). Then the executor named in the will looks after the estate. See what an executor does after a death.
Yes. You can appoint different attorneys for different matters, back-up attorneys, and attorneys who act together (jointly), separately (severally) or either way. You cannot appoint more than 4 joint attorneys for a matter under an enduring power of attorney (s 43).
It depends on who prepares it and whether it is done with a will. See what a will and an enduring power of attorney cost in Queensland.
An enduring power of attorney can only be made while the person has capacity (Powers of Attorney Act 1998 s 41). To plan ahead for yourself or a parent, call Catton Roderick Lawyers on 1300 673 792 or email info@cattonroderick.com.au. We have offices in Caboolture and Redcliffe, and see clients in Birtinya (Sunshine Coast) and Brisbane by appointment.
You can also send an enquiry through our contact page.
This page is general information about Queensland law as at September 2026. It is not legal advice about your situation. Time limits apply, so please get advice about your own circumstances.
Last reviewed: 27 September 2026
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