QLDIn ForceAct
Powers of Attorney Act 1998
sec.82Resignation of attorney while principal has impaired capacity
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### sec.82 Resignation of attorney while principal has impaired capacity
Despite section 72 , while a principal has impaired capacity for a matter, an attorney under an enduring document may only resign as attorney for the matter with the court’s leave.
If the court gives leave for an attorney to resign for a matter, the court may appoint a new attorney to replace the attorney for the matter.
The court is not limited to appointing an eligible attorney (defined in section 29 ) as the new attorney.
(sec.82-ssec.1) Despite section 72 , while a principal has impaired capacity for a matter, an attorney under an enduring document may only resign as attorney for the matter with the court’s leave.
(sec.82-ssec.2) If the court gives leave for an attorney to resign for a matter, the court may appoint a new attorney to replace the attorney for the matter. The court is not limited to appointing an eligible attorney (defined in section 29 ) as the new attorney.