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Enduring Power of Attorney vs Advance Health Directive in Queensland
Enduring Power of Attorney vs Advance Health Directive in Queensland
Both documents deal with decision making when you lose capacity, but they operate differently. An Enduring Power of Attorney under the Powers of Attorney Act 1998 (Qld) appoints a person (your attorney) to make personal, health, and financial decisions on your behalf when you cannot make them yourself.
An Advance Health Directive is a separate document under the same Act, signed in the presence of a doctor and an eligible witness, that records your specific directions about future health care treatments.
Critically, under the Powers of Attorney Act 1998 (Qld), an Advance Health Directive legally overrides an Enduring Power of Attorney for those specific medical decisions covered in the directive, meaning your documented medical wishes take precedence over any decision your attorney might otherwise make.
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