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.

Coast’s only season-long pick-your-own strawberry farm opens

Fruit lovers can once again pick their own strawberries on the Sunshine Coast, with a new attraction planting roots after the closure of the More

15-storey commercial tower officially opens in city centre

A building dubbed the 'Sunshine Coast’s most premium office tower' has opened in the growing Maroochydore City Centre. 50 First Avenue, developed by Walker Corporation More

Bookstore expands as readers return to print

A renewed appetite for printed books is helping drive the expansion of an independent Sunshine Coast bookstore, as more readers turn away from screen More

Equine therapy charity struggles after forced relocation

A Sunshine Coast equine therapy charity is urgently seeking more than $50,000 to continue operating as it adjusts following a council-directed relocation. Hoofbeats Sanctuary is More

‘Aussie first’: Coast ‘air-to-water’ tech scoops global award

A Sunshine Coast entrepreneur has received international recognition after becoming the first Australian to win a global award at the King’s Trust Awards in More

Ashley Robinson: banking on exceptions

Let me start with a question: “If the shoe was one the other foot, how would we react?” I was walking past Old Mate 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