Information for health attorneys and statutory health attorneys

Part of the Advanced health directives topic

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In short

When your power begins

• For attorneys appointed under an advance health directive
• For statuory health attorneys

For attorneys appointed under an advance health directive

If you are an attorney appointed under an advance health directive, you can only make decisions about the principal’s health care when:

• you have signed section 8 ‘Attorney’s acceptance’ of the advance health directive, and
• the principal does not have capacity to make their own decisions about their health care and their advance health directive does not cover the matter.

You should seek advice from a professional (e.g. a lawyer) when considering whether to accept an appointment as an attorney.

The ‘principal’ is the adult who has made the advance health directive.

See Obligations of attorneys under an enduring document.

For statutory health attorneys

If you are the adult’s statutory health attorney, you can only make decisions about an adult’s health care if the adult does not have capacity to make those decisions  about their health care and the adult has not:

• made an advance health directive giving a direction about the health matter
• appointed an attorney under an advance health directive or an attorney for personal (including health care) matters under an enduring power of attorney, or
• had a guardian appointed for health care matters by the Queensland Civil and Administrative Tribunal.

You should seek a capacity assessment from an independent person (e.g. a general practitioner or other health practitioner).

What decisions can you make

• For attorneys appointed under an advance health directive
• For statuory health attorneys

For attorneys appointed under an advance health directive

If you are an attorney appointed under an advance health directive you can make most decisions about health care for the principal (the adult who has made the advance health directive) but you cannot make decisions about:

• health matters, to the extent that your decision would be inconsistent with a direction that the principal has given in the advance health directive, or
• ‘special health care’ such as:
  • tissue donation
  • sterilisation
  • termination of pregnancy
  • participation in special medical research or experimental health care
  • electroconvulsive therapy.

For statutory health attorneys

If you are a statutory health attorney you can make most decisions about health care for the adult, but you cannot make decisions about special health care.

What you must do

You have important legal duties and obligations you must comply with.

For example, you must apply the General principles and health care principles under Queensland's guardianship framework when using your powers.

These factsheets explain more about the duties and obligations of attorneys in Queensland:

• Obligations of attorneys under an enduring document
• General principles and health care principles under Queensland's guardianship framework

Please refer to pages 22-24 of the Advance health directory - explanatory guide, as an additional source of guidance.

If you do the wrong thing

If you do not comply with your duties and obligations, the Queensland Civil and Administrative Tribunal (QCAT) can remove you as an attorney.

You could also face criminal liability.

If you are unsure about your role, you should seek legal advice.

Resigning as an attorney under an advance health directive

You can resign as attorney by giving written notice to the principal, if the principal has capacity to make another advance health directive.

If the principal does not have this capacity, before resigning you must get permission from the QCAT or the Supreme Court.