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.

Coast median home value soars to be on par with Sydney

With the prospect of paying at least $1m for a home in many of Australia's capital cities, buyers are once again looking to escape More

Your say: hotel plan, festival site and more

Do you have an opinion to share? Submit a Letter to the Editor at Sunshine Coast News via news@sunshinecoastnews.com.au. You must include your name and More

Camping operator seeks funds for approval after complaint

The operator of a creekside campground has set up a crowdfunding campaign to help cover the cost of approvals after a complaint was received More

Development of iconic farm set for council vote

Councillors will next week determine whether to approve a development plan for an iconic farm, with the proposal to establish about 420 dwellings recommended More

Beloved family cafe closes after more than a decade

A family-owned cafe that had operated in the Sunshine Coast hinterland for more than a decade has closed amid what it called a “lease More

‘Missing piece in the puzzle’: mayor hails streetscape project

Sunshine Coast mayor Rosanna Natoli says a $27 million streetscape project will provide a "seamless connection" between business and community hubs in the heart 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