100% Locally Owned, Independent and Free

100% Locally Owned, Independent and Free

Business 2 Business: What if an attorney can't fulfil the role?

Sponsored Content

Do you have a news tip? Click here to send to our news team.

Popular park gets playground upgrade

Families have a new reason to visit a popular community park, with a long-awaited playground upgrade now complete. The refreshed play space on King Street More

Bridge rebuild earns honours

A bridge rebuilt after severe weather damage has won a major engineering award. Noosa Council’s Schreibers Road Bridge Rebuild, delivered in partnership with Northlane Consulting More

UniSC study finds tactic that could slow bushfires

A University of the Sunshine Coast study has identified a potential way to help combat bushfires and give communities more time to prepare or More

New housing development proposed for beach town

Plans have been lodged for a residential development aimed at older Sunshine Coast residents looking to downsize without leaving their local community. Halpin Property Group More

Approval clears path for coastal unit project

An apartment development has been given the green light in a beachside community, with construction expected to begin next year. Sunshine Coast Council has approved More

Your say: seawall fall, industrial zone and more

Do you have an opinion to share? Submit a Letter to the Editor at Sunshine Coast News via news@sunshinecoastnews.com.au. You must include your name More

If you have been asked to be an attorney for someone under an enduring power of attorney (EPOA), you might consider it quite an honour.

An EPOA is a very powerful document and the person appointing you typically trusts you implicitly.

You can’t, however, be forced into the role and you should consider it carefully before signing the EPOA to accept your appointment.

What if, after accepting your appointment, you decide that you can no longer fulfil the role?

I recently had a client who had taken on the role with the best of intentions, but his circumstances changed significantly and he asked me how he could “get out”.

The answer depends on whether the person who made the EPOA still has capacity.

If the answer is ‘yes’, it’s as simple as the attorney providing them with written notice (i.e. a letter or email of resignation).

If the answer is ‘no’, it’s not so simple.

In that scenario, the attorney needs to apply to QCAT for leave to resign.

QCAT can then ensure a person who has lost capacity isn’t left without someone to help them and, if required, QCAT can appoint an appropriate replacement.

Trent Wakerley, Director, Kruger Law, Level 3, Ocean Central, Ocean Street, Maroochydore, 5443 9600, krugerlaw.com.au

This column is part of our Business 2 Business (B2B) series featuring industry leaders sharing their expertise. For more great articles, SUBSCRIBE to our FREE news feed, direct to your inbox daily. All you need to do is enter your name and email below.

Subscribe to SCN’s free daily news email

This field is for validation purposes and should be left unchanged.
This field is hidden when viewing the form
[scn_go_back_button] Return Home
Share