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.

Airport invites bids for key precinct sites

Sunshine Coast Airport has launched an expression of interest campaign for the next stage of its Gateway Precinct. Airport CEO Chris Mills said developers and More

Cyclist on track after ‘grim’ injury

Kristina Clonan did her best superhero impression at the announcement of Australia's cycling team for Glasgow's Commonwealth Games. Flying into the Anna Meares Velodrome for More

Teenagers charged after alleged crime spree

An alleged machete-linked crime spree that included the theft of a vehicle from Alexandra Headland and ended with arrests on the Sunshine Motorway has More

Town centre outage forces shops to close

A pole-top fire has caused a major power outage in Nambour's town centre today, leaving businesses without electricity and forcing some to close. The incident More

Sunshine Plaza stake set to sell in $622m deal

Sunshine Plaza's ownership structure is set to change after a $622 million deal was struck for a 50 per cent stake in the Sunshine More

Missing woman located deceased

The 57-year-old woman who was reported missing from Diddillibah on June 13 has been found deceased. Police said her death was not being treated as 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