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.

Work starts on new town centre, including major supermarkets

Construction has officially started on a new town centre that will feature two prominent grocery stores and a range of services. Stockland has commenced work More

Free water service on tap at community events

Thirsty locals and visitors have filled the equivalent of 70,000 reusable water bottles with fresh, healthy drinking water over the last 12 months thanks More

Panic buying pushing fuel prices higher, servo owner says

A Sunshine Coast fuel station owner says panic buying – not a national shortage – is largely behind recent price spikes and local supply More

Plan lodged for 32 townhouses on corner block

A 32-townhouse development has been proposed for a prominent corner site in the growing suburb of Nirimba. The project would occupy a 4011sqm parcel at More

Concerns sign could ‘dominate’ town’s streetscape

A community group has expressed its concerns about a large sign that could be installed beside the main street of a Sunshine Coast town. The More

Key section of road to Bribie Island upgraded

A $48 million upgrade to the main road to Bribie Island has been completed, with extra lanes set to increase capacity and improve traffic 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