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New guardianship laws and forms come into effect from 30 November

Guardianship changes to come into effect from 30 November include new enduring power of attorney and advance health directive forms, and the Queensland capacity guidelines.

The changes to Queensland’s guardianship laws are being made under the Guardianship and Administration and Other Legislation Amendment Act 2019, and will impact these Acts:

  • the Guardianship and Administration Act 2000
  • the Powers of Attorney Act 1998
  • the Public Guardian Act 2014.

The new enduring power of attorney and advance health directive forms, made under the Powers of Attorney Act 1998, will replace the existing versions of the forms, which have been in place for more than 16 years.

The old forms will remain online until 30 November, and the new forms should be used to make these documents from 30 November.

A fact sheet has been published with frequently asked questions and answers on the transition to the new forms.

Guidelines for assessing capacity

The reforms include new guidelines to help people who undertake assessments of an adult’s capacity under Queensland’s guardianship laws.

The Queensland capacity assessment guidelines are available now.

More information on the guardianship reforms is also available.

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