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.

Falcons defy the odds to lead Qld rugby league comp

The Sunshine Coast Falcons have strung together eight straight wins to claim top spot on the Queensland Cup ladder, despite being one of the More

Construction progresses on school’s new campus

A college offering an alternative education pathway for disengaged senior high school students is set to relocate to a new campus in 2027. Kairos Community More

Ashley Robinson: age has a degree of difficulty

Maybe it’s not too late for me to become smarter by earning some qualifications at the ripe old age of 69. The other day, I More

Masterplanned community gets federal environment tick

A major new Sunshine Coast housing project has cleared a key hurdle, with the Commonwealth Government granting environmental approval. Stockland’s Aura South was given the More

Appeal to be lodged over store owner attack sentences

The Acting Attorney-General has instructed the Office of the Director of Public Prosecutions to lodge an appeal against sentences handed down in the Maroochydore More

Urgency grows for major island bridge

The state government has signalled urgency around building a proposed large-scale bridge between the mainland and an increasingly popular island. A referral to the federal 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