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.

Second rescue in days on Mount Beerwah

A rescue operation is underway on the Sunshine Coast after a climber was injured on Mount Beerwah early this morning – the second incident More

Iconic roadside pie van to make way for rail

A renowned roadside pie van could be forced to shut down because it is in the firing line of a multibillion-dollar transport project. The Aussie More

State backs major road project despite funding blow

Deputy Premier Jarrod Bleijie says the Queensland government is committed to ensure a huge interchange project is completed by 2032, despite a lack of More

New land valuations reveal sharp increases

Property owners across the Sunshine Coast and Noosa council areas have had their land revalued, with a significant surge in prices being revealed. The state’s More

Powering up: big battery plan revealed

A new large battery storage system has been proposed for the Sunshine Coast, to strengthen the community’s electricity reliability. A development application for a facility More

Council secures property to protect vital wildlife corridor

Noosa Council has secured a large parcel of land for permanent conservation using funds from its Environment Levy. The 121-hectare property sits on the Cootharaba 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