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.

No plans for larger vessel infrastructure despite push

There are no plans to expand the infrastructure needed to accommodate bigger vessels on the Sunshine Coast despite rapid population growth and a push More

Hotel defends new cabins after ‘eyesore’ criticism

A Sunshine Coast hotel has defended a row of new accommodation cabins after the development divided community opinion. The Currimundi Hotel at 32 Buderim Street, More

Rare riverfront property heads to auction

A distinctive waterfront property combining commercial suites and two luxury penthouses is set to change hands. No. 235 Bradman Avenue, on the banks of the More

Aircraft poised as Queensland heat intensifies

A firefighting helicopter is on standby in a hinterland town with two more aircraft already stationed at Toowoomba as hot, dry conditions are forecast More

Indie-pop duo among acts set for event at iconic pub

Four of "Australia's biggest party starters" will perform at a special event at a Sunshine Coast landmark. Lime Cordiale, Touch Sensitive, Will Sparks and Little More

School entrance revamp targets pedestrian safety

Work has started on a $1.5 million upgrade to a school entrance, with the project set to improve pedestrian safety and accessibility. Construction is underway 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