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.

Jane Stephens: the height of rudeness

We live in an age of linguistic caution. We think before commenting on someone’s age, ethnicity, gender or disability. We have learnt that unsolicited observations More

Simple window changes to beat summer heat

Modern Coast homes and classic Queenslanders both use large glass windows for natural light. Through humid summer months all that glass lets in serious More

Police investigate suspicious vehicle fire

Queensland Police have declared a crime scene after responding to a vehicle fire at the southern end of the Sunshine Coast. Police and emergency services More

Buddhist temple approved on rural-zoned land

Plans for a new place of worship have been approved on the Sunshine Coast. A Buddhist temple will be established at 180 Landershute Road, Landers More

Dog owners rally against ‘complex’ rules

More than 1100 people have backed a petition challenging what organisers describe as “increasingly restrictive” dog rules on the Coast. The petition calls on Sunshine More

Falcons’ unfinished business in ‘David and Goliath’ final

The Sunshine Coast Falcons will finally return to the Queensland Cup grand final this weekend, almost a decade after missing a golden opportunity to 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