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.

Jetstar to slug passengers for overhead baggage storage

Storing carry-on baggage in overhead lockers on Jetstar flights will cost as much as $52 one-way, as the budget airline announces new charges for More

Falcons star’s injury comeback gets a boost

After a frustrating season on the sidelines, Sunshine Coast Falcons winger Nat McGavin is making his way back to rugby league thanks to support More

Census to reveal extent of Coast housing crisis

New figures are expected to show the impact of the region’s housing crisis, amid fears many more people are sleeping rough. More than 1200 Sunshine More

Hidden architectural gems welcome visitors

A 10-day festival is set to celebrate a decade of architecture, design and community on the Coast. Sunshine Coast Open House (SCOH) returns from October More

B2B: with new financial year, review any waste in expenses

Waste can account for up to 30 per cent of the operating costs of a business. Unfortunately, waste is often simply accepted as the operating More

Swimmer out of leadership group after drinking

Australian swimmer Isaac Cooper has stepped down from the Dolphins' leadership group after a drinking session at the Commonwealth Games. Cooper, who is a member 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