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.

Standout estate combines luxury and potential

A modern Queensland country manor set on acreage, with resort-style amenities and development potential, has hit the market just north of Noosa. Known as Calico More

Next stage of tourist attraction revamp unveiled

Plans have been revealed for the next phase of a tourist attraction revitalisation. A development application has been submitted to make key changes to popular More

MPs support statewide petition calling for tougher bail laws

A Sunshine Coast business owner who was the victim of a youth assault says stronger bail laws are needed to protect the community, as More

Trial aims to cut food waste from multi-unit living

Food scraps from apartments, resorts and retirement villages across South-East Queensland will be diverted from landfill under a new multimillion-dollar recycling trial. More than 530 More

Expo offers home downsizing ideas, advice

A showcase of tiny homes, granny flats, cabins and alternative housing options will soon be held on the Sunshine Coast. The Tiny Home Expo is More

Jane Stephens: dangerous and everywhere

“Look out, lady! I’ll make you a f*in’ speedbump.” At least, that’s what I think the kid said. He was moving so ridiculously fast that 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