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.

Club’s plan for new headquarters opens for public comment

A rugby club’s “ambitious” plans for a new clubhouse are now open to public feedback. Noosa Rugby Union Club has lodged plans with Noosa Council More

Dozens of graduate doctors join Sunshine Coast Health

Seventy-six graduate doctors have launched their careers on the Sunshine Coast. The interns have joined Sunshine Coast Health, ready to transform their training into person-centred More

Dire warning over native species conservation funding

A series of significant environmental recovery projects could be in jeopardy without continued federal government funding, activists warn. The Invasive Species Council and the Australian More

Sami Muirhead: another great holiday stitch-up

They say lightning cannot strike twice. Well, I just returned from a very embarrassing stint in Fiji where I copped a bunch of stitches More

Photo of the day: beach bliss

Surfers, swimmers and beach walkers enjoy the morning at Happy Valley, as crewmembers work aboard a fishing trawler off the coast. This photo was More

Two toddlers in serious condition after multi-vehicle crash

The Forensic Crash Unit is investigating a serious multi-vehicle crash that left two toddlers in critical condition. The crash occurred at Banya on Thursday morning. Queensland 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