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.

Coast apprentice recognised among Queensland’s best

A young Sunshine Coast apprentice has been honoured with a significant regional award. Aircraft maintenance engineering apprentice Dylan Martin was named Apprentice of the Year More

Bird flu detected on Sunshine Coast

Bird flu has been detected in a dead shearwater on a Sunshine Coast beach. Samples from the migratory bird, located on Castaways Beach, tested positive More

Vandals strike tourist hotspot time and time again

Sunshine Coast Council is counting the cost of a wave of vandalism along the region’s main beachfront. Local authorities have condemned a string of incidents More

Aerodrome master plan faces new test as costs climb

A major aerodrome expansion project is facing higher construction costs, prompting a review of how the next stage will be delivered. The update was contained More

Sportsground set for RV and caravan trial

Overnight stays for self-contained recreational vehicles are set to return to a Sunshine Coast sportsground under a six-month trial. Beerwah Sportsground’s short-term camping facility permanently More

Auction sales outperform private treaty as market cools

New data shows the gap between auction and private treaty sales has widened sharply as the Sunshine Coast property market loses some momentum. Sales performance 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