Do I Need to Register a Power of Attorney in NSW?

When appointing a Power of Attorney, you may think “what next?”. Who do I need to inform about my appointment of a Power of Attorney? Do I need to register my Power of Attorney?

When appointing a Power Attorney, it is important that you inform the person who you have nominated as your Power of Attorney of their appointment. You can also inform your solicitors, your bank or other institutions of this appointment.

You do not need to register a Power of Attorney for it to come into effect. It is effective once it is executed in accordance with the Powers of Attorney Act 2003 (NSW), unless otherwise specified in the document.

Under s 20 of the Powers of Attorney Act 2003 (NSW), an enduring Power of Attorney does not confer authority until the Attorney (the person appointed as your Power of Attorney) accepts the appointment by signing the document that creates the power. The Attorney can sign when the Power of Attorney is executed, or after its execution and at any time before its use. If there is more than one Attorney, then authority only extends to those who have signed the document.

The Power of Attorney needs to be registered with NSW Land Registry Services if the Attorney needs to make any transactions dealing with real property (land) on behalf of the principal (the person who appointed the Attorney).

Under s 52 of the Powers of Attorney Act 2003 and s 163 of the Conveyancing Act 1919, a Power of Attorney must be registered to sell, mortgage or conduct any other property transactions (including leasing any property for more than three years) on behalf of the principal. This means that the Attorney will be able to sign documents relating to land dealings. An unregistered Power of Attorney will not be authorised to conduct any land dealings, except sign leases for a term less than three years and this includes any renewal of a lease.

You may want to register your Power of Attorney, even if you do not think your attorney will need to conduct land dealings. Other advantages of having a registered Power of Attorney include:

1. Public Record – By registering a Power of Attorney you are placing it on a public record that provides evidence of the authority.
2. Record keeping – Registration provides a safeguard against loss, as it ensures a copy of the document is kept on file, in case the original one is lost.
3. Dealing with financial institutions - Registration can help satisfy financial institutions that they are dealing with a properly appointed attorney.

How do I Register My Power of Attorney?

The original wet-signed Power of Attorney document and a completed Deeds Index Particulars form must be lodged with the NSW Land Registry Services. There are several ways you can lodge these documents including:

• Electronically: You can ask your solicitor to register your Power of Attorney through an Electronic Lodgement Network Operator, such as PEXA.
• In person: You can go to the NSW Land Registry office based in Sydney.
• Via post: You can post a completed form and Power of Attorney document to the NSW Land Registry.

The cost of registration is currently $175.70 (as at 24 November 2025) plus any legal costs.

Once you have registered your Power of Attorney, your original document will be returned to you. A registered number will be stamped on the document. Your Attorney can use that number when signing documents on your behalf.

What if My Power of Attorney Document was Executed in a Different Jurisdiction?

The NSW Land Registry Service will recognise a Power of Attorney document made in another State or Territory in Australia, provided it meets the requirements of the Powers of Attorney Act 2003 (NSW). Other State or Territories in Australia may not recognise a Power of Attorney document made in NSW, as it depends on their law and the procedures used to recognise the document.

Power of Attorney documents made overseas may not be recognised in NSW.

How do I Revoke a Registered Power of Attorney?

There may come a time when you need to update or revoke your Power of Attorney. This could be because of a change in your relationship with your Attorney, or perhaps they have died, or have lost the capacity to make decisions for themselves, or your circumstances have changed and it’s no longer appropriate for the Attorney to act on your behalf.

It is recommended that you inform your Attorney in writing that their appointment has been revoked. You should then inform all relevant institutions that may have a copy of your Power of Attorney on record that the appointed person is no longer acting on your behalf. It is recommended (but not mandatory) for you to register the revocation of your Power of Attorney with NSW Land Registry Services. By not registering the revocation, your Attorney might legally be able to make decisions on your behalf, even if you no longer view them as your Attorney.

You can update or revoke your Power of Attorney documents at any time, whilst you have the capacity to make decisions for yourself. It is important that you destroy or mark revoked the original and any copies of your old Power of Attorney documents.

If you wish to update or register your Power of Attorney, contact us for a free thirty-minute consultation with one of our team.

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