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.

Pedestrian dies after being hit by truck

A man has died after being struck by a truck along a main road. Police are investigating after the incident at Corbould Park on Wednesday More

Fast-food outlet scrapped in site redesign

A proposed 24-hour food and drink outlet with a drive-through has been dropped from plans for a commercial development. The site at 11 South Coolum More

Road closures as ‘iconic event’ attracts thousands

A "bucket-list" event for triathletes will be held this weekend, when roads will be closed in and around a popular beach town. The 43rd edition More

Watchdog ‘spent millions’ as billionaire fined $10,000

A marathon legal battle sparked after Clive Palmer's dinosaur-inspired takeover of a championship golf course and resort has ended with a $10,000 fine. The Queensland More

Hospital among projects winning state honours

A $100 million private hospital delivered six weeks ahead of schedule is one of three Sunshine Coast projects to claim state construction honours. Maroochy Private More

Ashley Robinson: boo who? Boo you

I thought I had seen everything until a couple of Saturdays ago when I was watching the horse racing, and the crowd booed Hong 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