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.

Teenagers charged after vehicle fire on beach

Two teenagers have been charged after an allegedly stolen vehicle was found burning on a Sunshine Coast beach. Police will allege a black Denza B8 More

Petition challenges data centre expansion

A petition calling for a halt to new AI data centre developments on the Coast has attracted more than 2400 signatures. Started by Estefania Mercado, More

New flood guide outlines safer home design

Sunshine Coast homeowners planning to build or renovate in flood-prone areas can now access a new guide designed to help make their properties more More

Dolphin’s sneaky feeding trick uncovered

A thieving dolphin has astonished Sunshine Coast researchers by repeatedly chasing fish until they vomit, then swooping in to steal their meals. In findings published More

Community gardens cultivate connections

Sunshine Coast community gardens are proving fertile ground for more than plants, giving locals places to forge friendships, share skills and find a sense More

Shark alerts to reach smart watches

Sunshine Coast surfers are set to get shark alerts on their wrists as a popular app expands its sighting network to recreational drone operators. Founded 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