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.

B2B: the terrible irony …

The Queensland Supreme Court recently provided a reminder of the importance of having your Will drawn by lawyers. The deceased, who was very ‘careful’ about More

Community panel helps to shape Games legacy

Sunshine Coast residents are helping to shape the region’s 2032 Olympic legacy through a new Citizens’ Panel, offering input on community priorities. At the latest More

Waterfront home sets new suburb record with $9.75m sale

A waterfront residence has sold for $9.75 million, surpassing the previous suburb record of $8.2 million. Positioned on one of Buddina’s most tightly held streets, More

Your say: car park concerns, high-risk road and more

Do you have an opinion to share? Submit a Letter to the Editor at Sunshine Coast News via news@sunshinecoastnews.com.au. You must include your name and More

‘Landmark’ $300m project on main street officially launched

A two-tower development on a Sunshine Coast town’s main street has launched to the public after strong pre-sales. Gardner Vaughan Group’s $300 million mixed-use Eden More

Public hearing set amid waterways authority concerns

Community members are set to meet with state government officials at a public briefing, amid calls for clarity on a planned waterways authority. A hearing 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