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.

Eighties-inspired venue opens on beach strip

A new cafe has opened on the Coast, bringing a retro-inspired menu and specialty coffee offering to the local dining scene. Milk Bar Alex has More

Global company opens solar and battery experience hub

An international solar company has opened an interactive centre that will give Sunshine Coast residents and businesses the chance to explore clean energy technology. Chinese-based More

Coast contingent set for Commonwealth Games

Several athletes with links to the Sunshine Coast are poised to compete at the Commonwealth Games in Scotland. The University of the Sunshine Coast has More

Ashley Robinson: universal differences

“Men are from Mars, women are from Venus”, is probably the most accurate sentence that was ever written. The phrase signifies that men and women More

Hack of energy giant could expose data of millions

Millions of Australians may have had data accessed by hackers after Origin Energy confirmed it is investigating a cybersecurity incident. The energy giant is aware More

Birth trauma change urged after ‘free birth’ inquiry

A coroner has called on the health system to recognise women's birth trauma after a baby girl suffered fatal complications during a home delivery. The 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