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.

Man dies after mower incident

A man has died after an incident involving a mower on the Sunshine Coast. Police will prepare a report for the coroner following the non-suspicious More

First luxury self-serve gelato opens on the Coast

Australia’s first luxury self-serve gelato concept has arrived on the Sunshine Coast, with a new dessert venue opening in Mooloolaba. The concept is already proving More

Turtle hatchlings’ chances bolstered by volunteers

Thousands of turtle hatchlings from the northern beaches of Bribie Island have made it safely to sea, after being monitored by a local conservation More

Massage therapist charged with more alleged sex offences

A man has been charged with additional sex offences following an appeal launched last month by detectives from the Sunshine Coast Criminal Investigation Branch. A More

Ashley Robinson: the deaf leading the deaf

I have openly said, over many years, that if I was going to lose a sense, I know which one it would be. I More

Career switch pays off as Coast agent hits $300m

A Sunshine Coast real estate agent has surpassed $300 million in property sales after more than a decade in the industry. Henzells agent Iain Simms 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