QLD Power of Attorney vs Statutory Health Attorney

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Ngu059

Member
11 June 2020
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Hi,

In QLD a spouse is automatically given the role of a Statutory Health Attorney. If I nominate someone else to be my enduring personal attorney, would that remove my spouse as an attorney for health matter?

Thanks
Long
 

Atticus

Well-Known Member
6 February 2019
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An enduring POA for health will remove the default position of a spouse in that role .... You could also look at completing an advanced health directive which will do the same thing, but in it you can set out yourself exactly what YOU would like to happen should you be unable to make a decision in the future... some Info here >>>> Advance health directive
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Gold Coast, Queensland
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Almost but not quite. In practical terms:
1. An Advance Health Directive (AHD) overrides a Power of Attorney (PoA);
2. A PoA overrides a Statutory Health Attorney (as so does an AHD...) ;
3. All of the above is based on the care giver being aware of their existence. If they don't know about the PoA or AHD, they're not going to wait around looking for one.
4. An AHD can cover issues which the PoA cannot. From the health angle, these are things like tissue donation and termination of pregnancy.

Otherwise:
- a PoA is you giving someone else the power to make the decision (subject to your specific instructions); and
- an AHD is your specific wishes on particular issues stated in writing. For example, 'if I am in a coma I do want hydration but I do not want food or antibiotics' - it's set out differently, but that is the gist of it.
 

Atticus

Well-Known Member
6 February 2019
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All of the above is based on the care giver being aware of their existence. If they don't know about the PoA or AHD, they're not going to wait around looking for one.
That is true .... Another reason I personally recommend an AHD over an POA.. An AHD can be uploaded to your 'my health record' .... Always available & first place a health care professional should look... Other advantage is as you say, an AHD can include very detailed directives & specific wishes about the kind of care YOU want