If you’ve found yourself wondering whether you need to officially register your POA, you’ve landed in the right place. We’ve taken a deep dive into the legal archives to find the answer – and it turns out, the need (or lack of) to register a POA differs between states and territories.
Scroll down to read about your state or territory and the rules that apply.
POA Registration in New South Wales
If you’ve elected an attorney, reside in New South Wales, and want your attorney to be able to deal with any real estate you own in the state, then your POA document needs to be registered with the NSW Land Registry Services.
Don’t have real estate you want your attorney to deal with? Well, then there’s no requirement for you to register your POA.
If you do choose to register your POA, it:
- Will be held on record as a public document;
- May be more easily accepted as evidence that your attorney has the authority to deal with your property and/or financial matters.
It’s also important to note that if you register your POA and then choose to revoke (cancel) it, this revocation needs to be registered, too.
A fee is charged when registering a POA in New South Wales. Find more info here.
Registration Requirement for POA in Victoria
If you live in Victoria – guess what?! There is no process or requirement for you to register your POA. Easy-peasy.
POA Registration in ACT
A POA doesn’t need to be registered in the ACT unless it is in relation to land and property. If your POA is in relation to transferring or dealing with land or property, then you’ll; need to register your POA at ACT Land Titles.
A registration fee will need to be paid.
Registering a POA in Queensland
In Queensland, a Power of Attorney must be registered if it is to be used in relation to a land transaction. As is the case with other states where POA registration is required, a lodgment fee will be charged at the time of registration.
Lodging POA in Tasmania
When appointing an attorney in Tasmania, you will need to complete and register a POA lodgment form via the Land Titles Office of Tasmania. And yep – you guessed it – you’ll have to pay a small fee to ensure your lodgment.
POA Registration in the Northern Territory
And lucky last – the Northern Territory. This one falls under the same umbrella as every other state (other than Victoria). If your Powers of Attorney will be used to deal with land or property, your POA must be registered with the Land Titles office.
Once again, you’ll be charged a small fee when lodging your POA registration.
Turns out, you may need to register a POA if you live in any state or territory… other than Victoria. We’d recommend heading to your local government’s website to find out more information about registering a POA (especially if you know you need to register one).
Disclaimer: The content of this blog is intended to provide a general guide to the subject matter. This blog should not be relied upon as legal, financial, medical, accounting or tax advice.