Temporary modifications have been made to the Powers of Attorney Act 1998 to reduce physical contact between people during the COVID-19 emergency. Due to physical distancing requirements, it is difficult for people to meet existing requirements for witnessing wills, Enduring Power of Attorney and Advance Health Directive forms. Witness availability has also become an issue with the closure of the Justices of the Peace (JPs) in the Community Program.
Changes include:
- the ability for witnessing of wills, Enduring Power of Attorney and Advance Health Directive forms to be completed via video
- enabling nurse practitioners, in addition to doctors, to carry out capacity assessments necessary for people to make an Advance Health Directive
- permitting doctors or nurses to conduct the capacity assessment using video.
These changes will expire on 31 December 2020.
For more information about the new authority for Nurse Practitioners to carry out capacity assessments necessary for people to make an Advance Health Directive, you can review the Justice Legislation (COVID-19 Emergency Response—Wills and Enduring Documents) Regulation 2020 or contact Professional Capability, Office of the Chief Nursing and Midwifery Officer, at OCNMO_ProfessionalCapability@health.qld.gov.au
