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.

Tourism success sends winners to nationals

The Sunshine Coast has collected 10 honours at Queensland’s premier tourism awards, including six gold medals across a diverse mix of local operators. Eumundi Markets, More

TV makeover targets charity accommodation

A television renovation team has taken on its biggest challenge yet, transforming an entire accommodation complex used by families receiving hospital care. The Sunshine Coast More

Hundreds charged in high-harm operation

A police crackdown on robbery, break-ins and stolen vehicles has resulted in 405 people being charged on the Sunshine Coast since February. Queensland Police launched More

Diver dies, police test missing equipment

Update: Equipment has been handed in to Water Police and a spokesperson said it was still being forensically tested as of Tuesday morning. A woman More

E-bike battery sparks unit fire

An e-bike battery has caused a fire that left a Sunshine Coast unit uninhabitable and sent one person to hospital. Queensland Fire Department crews were More

Riverfront development scaled back

A prominent riverfront development is set for a significant redesign after servicing and parking requirements forced changes to the approved project. Gympie Terrace Pty Ltd 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