Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 137

137 Act for other person lacking capacity

(1) This section applies if—

(a) this Act requires or permits an act to be done by or in relation to a person (the
"relevant person" ); and

(b) the relevant person is not a minor; and

(c) the relevant person does not have capacity for the act.

(2) Subject to the operation of the Guardianship and Administration Act 2000 and the Powers of Attorney Act 1998 , a qualified person may act for the relevant person for the act.

(3) In this section—

"capacity" , for the relevant person for the act, means the relevant person is capable of—

(a) understanding the nature and effect of decisions about the act; and

(b) freely and voluntarily making decisions about the act; and

(c) communicating the decisions in some way.

"qualified person" means—

(a) an administrator for the relevant person appointed under the Guardianship and Administration Act 2000 ; or

(b) a person suitably authorised by the relevant person under an enduring power of attorney under the Powers of Attorney Act 1998 .