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.

‘Privilege’: charity celebrates 40 years of service

A local mobile food delivery service for seniors, people with a disability and their carers has clocked up four decades in operation. Coolum Beach Meals More

Big win for Coast grassroots music festival

A Sunshine Coast hinterland festival has claimed one of Queensland’s top music awards, with organisers pointing to its volunteer-led model as the reason it More

Milestone beckons as Wallaroos take on Kiwis on Coast

Lock Michaela Leonard admits she didn't really know the rules of rugby when she played her first Test for Australia. Now, the 31-year-old will become More

Jane Stephens: we must drive down the road toll

Our roads have become a killing field. That is not an opinion or hyperbole, but cold, concrete fact. As of Easter Monday, Queensland had lost More

Airport calls for proposals for new hotel

Sunshine Coast Airport is calling for proposals to deliver a hotel near its terminal, as part of plans to expand its commercial precinct. An expressions More

New dog access rules locked in 

Changes to dog access areas have been rubber-stamped by local authorities, paving the way for a new network of restrictions and off-leash zones across 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