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.

Family concern sparks safety invention

A family's safety worries have inspired a Sunshine Coast man to create a device that helps elderly Australians stay independent while giving loved ones More

Opposition grows to disaster funding proposal

Another council is pushing back against proposed reforms to the federal government's disaster recovery funding. Noosa councillors unanimously supported Mayor Frank Wilkie’s Mayoral Minute for More

Workforce mobility scheme targets tourism sector

The Sunshine Coast has been selected for a pilot aimed at helping tourism industry workers access affordable accommodation. The region is one of a handful More

Coast’s newest AI centre to escape government rules

A $200 million AI-ready data centre already under construction on the Sunshine Coast will not be subject to incoming federal rules designed to prevent More

Suspension of key air service sparks disappointment

The looming suspension of a major international air service is expected to result in up to 30,000 fewer passengers travelling through Sunshine Coast Airport More

Young woman dies after unit fire

A woman has died from her injuries after escaping a fire that gutted an apartment and prompted neighbours to evacuate. The 21-year-old fled the Buderim 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