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.

Community mourns passing of beloved business identity

The Sunshine Coast community is mourning the loss of Colin James Erbacher, a much-loved member of one of the region’s best-known families. Mr Erbacher’s passing More

Eight-storey apartment block proposed at height limit

A new apartment complex is proposed to replace two houses and could tower over nearby residences. A development application has been submitted for an eight-storey More

‘Ten-to’ suburb steps out of the shadows

A “traditionally overlooked” suburb on the Sunshine Coast is starting to turn heads in real estate. Kuluin property prices have increased significantly in recent times, More

Council set to endorse major active transport strategy

Walking, riding and rolling are set to become a greater focus across the Sunshine Coast under a new long-term transport strategy. Sunshine Coast Council is More

Dozens of boats removed from river under new rules

Many boats have been taken off a popular waterway under new anchoring restrictions, as authorities warn of "enforcement activity" for non-compliant owners. More than 70 More

Charity reveals most luxurious prize home yet

A long-running charity has unveiled its most expensive prize home package. Endeavour Lotteries is offering a $3.7 million windfall in the Sunshine Coast hinterland, including 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