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.

Irish spirit returns to site of iconic pub

Irish hospitality is set to return to a Sunshine Coast beach district after a $2 million overhaul of a renowned venue. Foxy Malone’s will be More

Petition pushes for action on beachside playground

A growing community petition is calling on Noosa Council to restore and redevelop a popular beachfront playground, with residents arguing the facility has been More

New 12ML water reservoir supports thousands of homes

A new 12-megalitre reservoir has started providing water to a rapidly growing Sunshine Coast area. The Harmony Water Reservoir, at 180 Tanawha Road, is the More

PM visits urgent care clinic ahead of opening

Prime Minister Anthony Albanese has had an early look at an urgent care clinic before it opens on the Sunshine Coast. Mr Albanese joined Queensland More

Motocross rider airlifted to hospital after crash

A motocross rider has been airlifted to hospital after a crash at a recreational park in the Sunshine Coast hinterland. The Sunshine Coast-based LifeFlight aeromedical More

Developer seeks more height for luxury hotel tower

The developer behind a major hotel under construction in a busy nightlife area wants to add another storey and exceed the height limit for 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