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.

Popular headland path about to be revamped

One of the Sunshine Coast’s most well-known stretches of walkway is about to get a makeover. The 650m section of coastal path at Alexandra Headland, More

New community garden sprouts on Coast

The Sunshine Coast has a new community garden, providing residents of Meridan Plains a vibrant space to grow vegetables, herbs, flowers and fruit while More

Family mourning beloved cat after backyard dog attack

A Sunshine Coast family is mourning the loss of their beloved cat after it was attacked by two roaming dogs in its own backyard. Family More

Push for trial replacing shark nets at main beach

A local council will ask the state government to conduct a trial replacing shark nets with smart drumlines or other non-lethal technologies that allow More

Sami Muirhead: I’m bolting from Year of the Horse

Hold on because it is the Year of the Horse! I embrace the Chinese zodiac calendar. Admittedly, this is because I can now justify eating More

Coast club earns top gongs at national awards

A popular Coast club is celebrating a standout achievement on the national stage after claiming two major titles at the Australian Wedding Industry Awards, 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