An Enduring Power of Attorney is a valuable estate planning tool which allows you to delegate financial and legal decisions if you lose the ability to manage your own affairs, for example, through illness, injury or disability. When making a Power of Attorney, clients often ask if a Power of Attorney needs to be registered.

In New South Wales, a Power of Attorney does not need to be registered unless it is to be used to deal with land (for example, to buy, sell, or mortgage a property). Section 52 of the Powers of Attorney Act 2003 (NSW) has the effect that any dealing with land under a Power of Attorney has no legal effect unless the Power of Attorney is registered. This does not apply to leases for a term of 3 years or less. In the case of a contract for sale and purchase of land signed pursuant to a Power of Attorney, then the Power of Attorney can be registered after the contract is signed but should be registered before settlement.

You may choose to register a Power of Attorney even if you do not plan to use it to deal with land.  When a Power of Attorney is registered, it is kept in the General Register of Deeds kept under the Conveyancing Act 1919 (NSW). This means that it becomes a public document accessible by searching the records of NSW Land Registry Services and paying a fee to obtain the document.

To register a Power of Attorney, the Power of Attorney must be lodged at NSW Land Registry Services together with the registration fee. While at the time of writing it is still possible to lodge a hard copy of the Power of Attorney for registration at NSW Land Registry Services, it is also possible to register a Power of Attorney electronically, for example, on PEXA.

If you revoke a Power of Attorney which has been registered, you should also register the revocation of the Power of Attorney.

It is important to note that a Power of Attorney cannot be used to benefit the attorney unless specifically authorised in the document. It only empowers your attorney to make decisions in respect of legal and financial decisions, not medical or lifestyle decisions which requires an Appointment of Enduring Guardian. If you wish for the Power of Attorney to continue to be effective if you lose decision-making capacity, you must ensure that it is an Enduring Power of Attorney.

If you have any questions about making or registering a Power of Attorney or Appointment of Enduring Guardian, contact us to arrange a free initial consultation.