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.

‘Long road’: new bar space to open in beachside suburb

A rooftop bar overlooking the ocean will open ahead of the Easter long weekend, marking a major addition to the Coast’s beachfront hospitality scene. The More

Truck rolls over on motorway during peak hour

A truck rollover on the Sunshine Motorway forced the temporary closure of lanes during peak hour on Thursday morning. Southbound lanes were closed after the More

Museum officials appeal for help in milestone year

A “much-loved” Sunshine Coast museum needs more volunteers to ensure it can stay open often. Nambour Museum board members have urged people to help at More

Ashley Robinson: raising key parenting issues

There are plenty of books on parenting that people think make sense. In fact, there is no easy, follow-the-steps process on rearing children as More

Knives seized at shopping centre in police operation

Police have seized four knives in a week as part of increased wanding operations across the Sunshine Coast. Around 9.45am on March 17, officers wanded More

First Coast flight to popular Asian destinations takes off

Flights linking the Sunshine Coast to two of Asia’s most desirable tourism and business hubs are underway. The first Jetstar plane from Sunshine Coast Airport 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