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.

Legally blind photographer challenges assumptions

A Sunshine Coast photographer with two per cent vision is pursuing his passion and challenging preconceptions about vision loss. James Norquay, 25, lost most of More

Hinterland restaurants contest national finals

Three Sunshine Coast restaurants are national finalists in the hospitality industry’s leading awards program. Restaurant & Catering Australia (R&CA) announced the shortlist for the 2026 More

Event governance strengthened under new plan

A council has adopted a five-year strategy for events as it takes a bigger role in their management, funding and oversight. The expanded role follows More

Police investigate serious single-vehicle crash

Two women have been critically injured after a car left a Sunshine Coast road and crashed on Saturday afternoon. Emergency services were called to the More

Family sounds warning after pet’s snake bite

A family has a warning for other dog owners after their pet spent six nights in hospital following an eastern brown snake bite. Sunshine Coast More

Work starts on town centre with up to 2600 homes

Construction has started on a new 28-hectare town centre that is set to include homes as well as retail, commercial, entertainment and community spaces. Developer 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