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.

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

Fatal shed fire sparks police investigation

Police are investigating after a man was found dead in Nambour on Tuesday night. Emergency services were called to a fire in a shed behind More

Group pushes for more shark drone patrols

A community group is calling for shark-spotting drones to patrol beaches every day. Oceans for All Noosa has urged the state government to expand its More

Region’s new biosecurity plan open for comment

A draft plan to help protect a shire from invasive plants, animals and emerging biosecurity threats is now open for community consultation. The Noosa Biosecurity More

Cellist to make Carnegie Hall debut

A former Montville schoolboy will fulfil a lifelong dream when he performs at one of the world's greatest music institutions. Cellist Sam Lucas is the More

Hardest place to leave: suburb is state’s most tightly held

A Sunshine Coast locality has the highest level of long-term home ownership in Queensland, with an average holding period approaching two decades. Battery Hill, a 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