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.

Jane Stephens: a peek inside the manosphere

Listen more than you talk. Nobody learnt anything by hearing themselves speak. So said entrepreneur Sir Richard Branson – or at least that is More

Woman charged after alleged near-collision with police car

A motorist has been charged with multiple offences after allegedly almost colliding with a police car and recording a breath test more than four More

Long-time local claims top acquisitive art prize

An artist who has been living on the Sunshine Coast since the mid-1980s has won a prestigious local art prize. Marvene Ash claimed the $10,000 More

Towing company employee awarded $2.5m after bus incident

A tow truck driver has been awarded more than $2.5 million in damages after being seriously injured beneath a broken-down bus. Colin Anderson successfully sued More

Condition of water catchment sinks to record low

A Sunshine Coast water catchment has received its lowest ever rating in a biennial analysis. The Maroochy basin, which is primarily based around the Maroochy More

Stretch of properties for sale in coastal business area

Three adjoining properties have hit the market in a coastal commercial precinct. Numbers 8, 10 and 12 Lanyana Way, at Noosa Heads, have been offered 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