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.

Work starts on $78m training centre

Work is underway on a new facility that will provide training for apprentices in construction and allied trades to help meet demand across Queensland. The More

Community group pushes for new indoor pool

A community group is pressing ahead with plans for a multimillion-dollar indoor aquatic centre. The Maleny Indoor Aquatic Centre Steering Group is developing plans and More

Innovators secure funding for ecotourism trials

Two Sunshine Coast companies will trial new technology aimed at improving waste management, visitor safety and site operations at ecotourism destinations. Leakster Operations and HazView More

Reality TV star Sam Wood makes fresh bail bid

Former Bachelor star Sam Wood will make another bid to be granted bail after spending weeks behind bars. The reality TV star turned fitness entrepreneur More

New All-Abilities Games kickstarts opportunities

An inclusive sporting initiative launching on the Sunshine Coast is set to expand across Queensland after securing state government support. The inaugural All-Abilities Games will More

Jane Stephens: a religion for the modern ages

Running is the religion of our era, with footpaths being pounded by more and more of the faithful, who find peace, meaning and even 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