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.

Residents’ group forms to oppose Buddhist ‘gompa’

A community group opposing plans for a five-level Buddhist centre has been formed, as the proposal enters the public notification period. The long-running Chenrezig Institute More

Global interest builds for new hinterland offering

A newly built luxury hinterland estate is drawing international attention. The sprawling 49-acre property at Montville has attracted inquiries from overseas buyers, interstate house hunters More

Developments fuelling rise in injured wildlife, say rescuers

Wildlife rescuers on the Sunshine Coast have reported a surge in injured and displaced animals as housing development spreads across the region. Susanne Scheuter and More

Student rock band wins national prize

A Sunshine Coast student rock band has blasted its way to a coveted prize worth $100,000. The Spice Boyz, from Siena Catholic College, claimed first More

Council to decide on sale of land for affordable housing

Sunshine Coast councillors are set to decide whether to sell a key parcel of council-owned land in Nambour to a community housing provider, in More

Early works start on train station near planned tunnel

Preliminary works are underway on a train station in Sunshine Coast suburbia. Site investigations have started for the planned Aroona Station, beside the Parklands shopping 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