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-awaited amenities block opens at popular mountain

Visitors to one of the Sunshine Coast’s most popular walking tracks can now access public amenities. Facilities have been installed beside the car park at More

State govt commits to bold projects despite funding blow

The state government is pushing ahead with Sunshine Coast projects worth billions of dollars despite the federal government’s refusal to allocate more funds in More

Police clarify rules on in-car touchscreens as concerns grow

As vehicle touchscreens become increasingly bigger in modern cars, questions are being raised about how they fit within existing distracted driving laws. On the Sunshine More

Firm competition for $5.8m wellness hub

A private investor has paid $5.8m for a wellness hub in a prime tourist and retail strip on the Coast. The fully leased commercial property More

Major lift for golf club’s long-awaited clubhouse

A major milestone has been reached for a long-running community project. At the Maleny Golf Club in the Sunshine Coast hinterland, seven large modules have More

Police investigate alleged burglary with violence

A man has been taken into custody after an alleged armed break-in at a home left a resident injured. It is alleged that 22-year-old man 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