Last updated 10 May 2016
Powers of attorney and enduring powers of attorney can be registered in the Titles Registry at the Department of Natural Resources and Mines, although it is not compulsory to do so.
However, for any dealing in land (including sales and leases of more than three years), the powers of attorney or enduring powers of attorney must be registered at the Titles Registry (ss 132–137 Land Title Act 1994 (Qld)). If, for example, a vendor appoints an attorney to act in selling land, the transfer to the purchaser will not be registrable (i.e. the sale will not be completed) unless the power of attorney has also been registered. Therefore, it is imperative that all powers of attorney that are designed to allow the attorney to deal with land are registered.
When a power of attorney has been lodged at the Titles Registry for registration, it becomes part of a public register and can be searched by any person proposing to enter into some land transaction with a person who claims to be acting under a power of attorney.
When a power of attorney is to be registered a solicitor should prepare it, as further requirements as to its form and registration must be satisfied.