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.

Italian offering from successful Indian restaurant owner

A local restaurateur known for building three successful Indian eateries has taken a fresh turn into Italian cuisine with his newest venture. The newly-opened Flavino More

Community battery project underway

Installation is underway on a battery that will store excess rooftop solar power during the day and feed it back into the local grid More

‘Scared for years’: child of cold-case murder accused

A man accused of murdering his girlfriend decades ago pressured his child to tell police he stayed at home on the night she died, More

‘Remarkable man’: radio leader remembered

A long-time figure in the Australian radio industry is being remembered as a "great friend, advocate and leader". Les Heil passed away on April 26, More

Ashley Robinson: hey Siri, thanks for listening

I had a bizarre day last week. It started with a trip to watch our granddaughter run in her Year 4 cross country at More

Man charged over alleged indecent act

A Sunshine Coast man has been charged after an alleged indecent act at a park in Banya earlier this month. Police allege the incident occurred 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