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.

GPS trackers for more youth offenders on bail

Children as young as 10 could have their location tracked 24/7 under new youth bail monitoring laws. The Youth Justice (Electronic Monitoring) Amendment Bill 2025 More

Builder, battler, believer: Coast visionary remembered

The Sunshine Coast has lost a true pioneer. Bob Melville Robert Marshall passed away peacefully on February 18, surrounded by his loving family. He was More

Hospitality group calls for overhaul of ‘outdated’ trading laws

A leading body for hospitality businesses has urged the state government to change trading laws that force venues to shut or restrict service during public More

Photo of the day: curious chick

A bush turkey chick, only a couple of months old, learns to find its way in the big, wide world. Photography by John Luff, More

Blood test could bolster brain cancer survival rates

A simple blood test could improve the lives of brain cancer patients and boost tragically low survival rates. Australian scientists have developed a diagnostic device More

Local clubs shine at state carnival, snatching a top prize

Sunshine Coast clubs have produced strong showings at the Queensland Youth Surf Life Saving Championships, where a local captured a major accolade. Local clubs filled 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