How to Revoke an Advance Health Directive in QLD

You Can Only Revoke While You Still Have Capacity

This is the constraint that makes timing critical. Under Queensland law, you can only personally revoke an Advance Health Directive (AHD) or Enduring Power of Attorney (EPOA) while you still have the capacity required for the relevant matter. Once capacity is lost — whether through dementia, a stroke, or a traumatic injury — the principal cannot personally revoke or replace the document. An EPOA may instead need to be challenged or changed through the relevant QCAT process.

If your circumstances have changed — a new diagnosis, a divorce, a falling-out with your appointed attorney, a change in treatment preferences — act now rather than waiting for a "better time."

How to Revoke an AHD

Revoking an Advance Health Directive in Queensland is more straightforward than revoking an EPOA. You don't need a specific form. Under the Powers of Attorney Act 1998, you need to:

1. Write a revocation statement. A simple signed statement is sufficient: "I, [full name], revoke my Advance Health Directive dated [date]." Sign and date it.
2. Have it witnessed. Witnessing is not a stated requirement for an AHD revocation, but having it witnessed by a JP, Commissioner for Declarations, or lawyer provides stronger evidence that the revocation was made voluntarily and with capacity.
3. Distribute the revocation. Send copies to everyone who received the original AHD — your GP, your hospital, your appointed attorneys, and the Statewide Office of Advance Care Planning (so they can update your electronic health record on "The Viewer").

Alternatively, you can revoke by inconsistency: executing a new AHD automatically revokes any previous AHD to the extent of any inconsistency. If your new AHD covers the same treatment decisions with updated instructions, the old document is superseded.

How to Revoke an EPOA

Revoking an Enduring Power of Attorney requires a formal process using the prescribed Form 6 (Revocation of Enduring Power of Attorney):

1. Complete Form 6. Download it from the Queensland Publications Portal. Fill in the details of the EPOA you're revoking, including the date it was executed and the names of the attorneys being removed.
2. Sign before an eligible witness. The same witnessing requirements apply as for the original EPOA — the witness must be a JP, Commissioner for Declarations, lawyer, or notary public, and they cannot be a relative, attorney, or paid carer.
3. Notify all affected attorneys. Section 46 of the Powers of Attorney Act 1998 requires you to take all reasonable steps to provide written notice of the revocation to every attorney appointed under the original document. This isn't optional — it's a statutory obligation.
4. Update Titles Queensland. If the original EPOA was registered with Titles Queensland (via Form 16), take reasonable steps to deregister it, typically by lodging the required Form 16 material and a certified copy of the Form 6 revocation. Until this is done, Titles Queensland's records may still show the old instrument for property transactions.
5. Notify third parties. Send copies of the revocation to banks, financial institutions, super funds, your GP, and the Statewide Office of Advance Care Planning — everyone who has a copy of the original EPOA on file.

When to Update Rather Than Revoke

Not every change requires a full revocation. Consider these scenarios:

Changed treatment preferences. If your medical views have evolved — perhaps after a new diagnosis, a health scare, or a conversation with a palliative care specialist — execute a new AHD with your updated instructions. The new document automatically supersedes the old one where they conflict.

Adding or removing an attorney. You can't simply amend an existing EPOA. Execute a new one (Form 2 or Form 3) with the updated attorney appointments; the later enduring document revokes the earlier one to the extent of any inconsistency. Use Form 6 if you intend to revoke the earlier document more broadly. This requires the execution process again — signing before an eligible witness and completing attorney acceptance where required.

Changing from Short Form to Long Form. If you originally completed Form 2 (appointing one person for everything) and now want to split responsibilities (spouse for health, adult child for finances), execute a new Form 3. It revokes the Form 2 to the extent of any inconsistency; use Form 6 if you intend to revoke any remaining power.

Divorce or separation. Review and revoke or replace any appointment you no longer want while you have capacity. The same review is sensible for AHD attorney appointments.

The Notification Chain You Can't Skip

Revoking without notifying creates a practical risk. If your old attorney or a third party does not know the EPOA has been revoked, they may continue relying on the records they hold, so notify them promptly.

Your notification checklist after revoking:

• Every attorney and substitute attorney named in the revoked document
• Your GP and any specialist doctors
• Your local hospital's admissions office
• The Statewide Office of Advance Care Planning ([email protected])
• Banks and financial institutions
• Superannuation funds
• Titles Queensland (if the EPOA was registered)
• Any aged care facility where the documents were on file

Retrieve and destroy any outstanding original copies of the revoked documents to prevent them being relied upon by someone who hasn't received your revocation notice.

Keep Your Documents Current

Life changes — diagnoses, relationships, preferences — make regular reviews essential. The general recommendation is to review your AHD and EPOA every two to three years, or after any major life event. Our Queensland Advance Directive & Living Will Kit includes a revocation and update checklist that walks you through each step, plus a notification template you can customise and send to every party on the distribution list.

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