Registering a power of attorney

In order for an attorney to act on behalf of the principal in a transaction of land in Queensland, there must be a power of attorney authorising the attorney to do so, and this must be registered with Titles Queensland.

A general or enduring power of attorney that does not authorise the attorney to deal with financial matters cannot be recorded in the Power of Attorney Register. For example, an appointment of an attorney for personal or health matters cannot be recorded unless it also contains an appointment over financial matters.

This guide explains what you must do to register a power of attorney for an individual.

For additional information about Titles Queensland forms, see the land title practice manual.

Note: Titles Queensland forms are legally binding and must be completed carefully. Titles Queensland is happy to provide general information about forms and requirements, but if you require personal advice — that is, advice taking your circumstances into consideration, or the options available to you — it is recommended you speak to a lawyer.

Before starting your application, make sure you have all the required information and supporting documents.

To register a power of attorney, you must:

  • lodge a Form 16 – Request to register power of attorney/revocation of power of attorney and
  • deposit the original power of attorney document or a copy certified under the Powers of Attorney Act 1998 (see below) with the Form 16.

Upon registration, the dealing number on the label affixed to the power of attorney document will become the registered power of attorney number.

Find out more about power of attorney and access blank forms.

Certified copy of the original power of attorney

If you are providing a certified copy, it must be certified in accordance with section 14 or section 45 of the Powers of Attorney Act 1998.

General power of attorney (Queensland Form 1)

A good quality, single-sided photocopy of the original general power of attorney can be certified under section 14 of the Act in the following way:

  • each page, other than the last page, must be certified to the effect that the copy is a true and complete copy of the corresponding page of the original
  • last page must be certified to the effect that the copy is a true and complete copy of the original
  • photocopy must be certified by a person named in section 14 of the Act, such as the principal (the person who is appointing the attorney), a justice of the peace, a commissioner for declarations, a notary public or an Australian lawyer
  • certification must be signed by the certifier and identify the full name and the position/qualification/registration number of the certifier.

Enduring power of attorney (Queensland Forms 2 and 3)

A good quality, single-sided photocopy of the original enduring power of attorney can be certified under section 45 of the Act in the following way:

  • certifier must either certify each page or sign or initial each page
  • certifier must sign an appropriate certification clause on the face of the copy. This must contain words to the effect that the document is a true and complete copy of the original
  • certifier must be a person named in section 45 of the Act, such as the principal (the person who is appointing the attorney), a justice of the peace, a commissioner for declarations, a notary public or an Australian lawyer
  • certification must contain sufficient information to identify the certifier and the position/qualification that makes them eligible under section 45 (e.g. the full name and qualification/registration number of the certifier).

Refer to the Form 9 – Enduring power of attorney explanatory guide (PDF, 430KB) for an example process to make a certified copy of an original enduring power of attorney.

Deposit of supporting evidence

In some cases supporting documentation must be deposited (e.g. evidence of death of a first named attorney or a trust deed).

A copy of the document is acceptable, provided it is a good quality photocopy of the original that has been either:

  • properly certified as a true copy of the original by a justice of the peace, commissioner for declarations or an Australian lawyer, or
  • submitted in person at the time of lodgement, along with the original, at one of Titles Queensland’s regional business centres that accepts titles registry lodgements. A staff member will compare the copy with the original, then return the original to you immediately.

Alternatively, where the evidence has been previously produced to Titles Queensland, the dealing number of the registered instrument under which the evidence has been deposited should be stated in the relevant item of the Titles Queensland form.

Certification requirements for supporting evidence

If submitting a certified copy, the certification must be signed by a justice of the peace, commissioner for declarations or Australian lawyer, and identify the full name and qualification/registration number of the certifying officer.

If the original document has more than one page, the certifying officer must either:

  • certify each page; or
  • sign or initial each page, number the pages as 1 of 40, 2 of 40 and so on (if the pages are not already numbered) and certify on the last page the following — this [number of pages]-page document (each page of which I have numbered and signed) is a true copy of the original [number of pages]-page document that I have sighted.

Privacy statement

The information collected from Titles Queensland’s forms is used to maintain publicly searchable records of Queensland Government agencies, local governments and water distribution entities.

Read the Titles Queensland privacy statement for more information.

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Please complete forms carefully and include all required information. If you make a mistake, follow the correction instructions at the bottom of this page. Failure to do this may result in delays in processing your dealing and additional fees.

You can complete forms by hand or digitally on computer. Use dense black or blue ink, and make sure that all signatures and dates are in original ink. Any text entered on the computer should be in Arial 10 point or larger.

Print the form on A4 white paper, making sure the whole of the form appears on one side of one sheet only. Do not fold forms. You can change the size of the panels, but do not make other changes (e.g. delete panels or change the standard wording) without the approval of the Registrar of Titles.

Some browsers don’t support the full functionality of our PDF forms. For help, please refer to our Guide to downloading Titles Queensland forms (PDF, 184KB), or download the Word (DOT) version of the form instead.

You will need the following forms:

How to complete Form 16 — Power of attorney

Lodger details

Insert name, postal address, email address and phone number for correspondence purposes.

A lodger ‘Code’ is only required if you lodge regularly and have been provided with one by Titles Queensland. Otherwise leave blank.

Item 1

Insert the full name of the principal/s (referred to as the donor/s) as shown on the power of attorney document. Where the principal in their personal capacity only is appointing an attorney under the power of attorney, the words ‘and as Trustee/Responsible Entity for’ must be deleted. Where there is one principal only delete the words ‘jointly and/or severally’.
Where there is more than one principal indicate whether the principals are appointing in their joint or several capacities. Delete words that don’t apply.

Item 2

Insert the full name of the appointed attorney/s (the ‘donee/s’). Where there is more than one attorney being recorded, indicate how they are to operate, as shown on the power of attorney document. Delete words that don’t apply.

Item 3

Select the statement that applies from the drop-down menu. Complete the statement ‘Power of attorney produced with this request’.

Item 4

Insert the page numbering at the top of the form, then print. Sign and date the form. The form can be signed by the principal or one of the attorneys. It does not need to be witnessed.

Need more space on the form?

If there isn’t enough space in any item on the form (e.g. if more signatures are required or if several properties are being described), insert ‘see enlarged panel’ in the relevant item.

Then complete Form 20 – Enlarged panel (PDF, 1.1MB). In this form, enter the title reference at the top of the form and insert the heading of the item (e.g. ‘Item 2. Lot on Plan Description’) followed by the information. To finish, enter the page numbers on the top right of all pages.

Lodger details

The lodger details must contain the minimum information necessary for positive identification and contact by mail, email (if applicable) and phone.

Your lodger code should always be shown. Private persons lodging one-off individual transactions do not need to show a lodger code.

Correcting a form

You can make a minor change to a form by ruling through the item to be deleted, inserting the correct information and initialling the change. Do not use erasers, correction fluid or similar products.

The definition of a minor correction:

  • a digit or transposition of two digits in a title reference, plan number or ABN
  • the spelling of part of a name of a person or company.

If you need to make more substantial changes, refer to part 59-2040 of the land title practice manual or, provided the document has not already been lodged, complete a new form (remember to have the new form signed by all parties if the form it is replacing has already been signed). Alternatively, you may wish to speak to a lawyer or contact our enquiry service.

Correcting the power of attorney document

If a correction or alteration is required to be made to a Form 16 – Request to register power of attorney/revocation of power of attorney, you should first seek advice from a solicitor, as there may be legal implications.

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You can lodge your forms and documents by post or in person. Read about payments and lodgement for details. For industry professionals, electronic conveyancing and eLodgement are easy, fast and secure lodgement alternatives.

Checklist of what to include

Make sure your request includes all the required information and documents:

  • Form 16 — Request to register power of attorney (completed, signed and dated)
  • general or enduring power of attorney document (original or certified copy)
  • payment by cheque (if applicable).

Fees and payment

To calculate fees, use the fee calculator.

If lodging in person, you can pay by cash, cheque, money order, EFTPOS or credit card (Mastercard and Visa).

If lodging by post, include a cheque or money order made out to ‘Queensland Titles Registry Pty Ltd’. Do not send cash through the mail.

Titles Queensland will send you a lodgement summary once your payment has been received. It will show the dealing numbers and type, description, lodgement date and time, first title reference, assessed fee and receipted fee plus lodger details.

Correct order of lodgement

The correct order of lodgement will vary depending on the circumstances. The lodger is responsible for ensuring Titles Queensland forms are lodged in the correct order of priority. Dealings will be requisitioned to rectify the order of lodgement where necessary.

What happens next

We will check your form to make sure it meets all requirements. If there is a deficiency with your lodgement, we will send you a requisition notice (see the next section in this guide for details).

If your form meets our requirements, we will register your dealing and send you a registration confirmation statement. If you have provided us with an email address in the ‘lodger details’ section of the form, we will send this by email; otherwise we will send it to you by normal post.

How long does registration take?

Most correctly prepared dealings are registered within our service time of 3–5 working days.

You can use the dealing number on your lodgement summary to check the status of your lodgement using our online dealing status search enquiry.

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If there is a deficiency with your lodgement, we will send you a requisition notice explaining the matters that require attention and return the original documents to you. You will usually have to pay an additional administration fee.

The requisition notice will include a rejection date (see below for more information). You must comply with the requisition and pay any applicable fees by this date or your lodgement will be rejected.

When a dealing has been requisitioned, the proposed rejection date is in most cases automatically set at two months from the date of issue of the requisition.

Note: Responding to your requisition well before the due date for completion will help ensure your lodgement isn’t rejected.

Requisitions sent by email

If you are a private lodger and receive a requisition notice by email, we will send your documents back to you separately by registered post. Please wait until you have received your documents before coming back into the office of lodgement or taking further action.

Responding to the requisition

Once you have received your documents:

  • attend to any matters listed in the notice (seek legal advice if appropriate)
  • amend the existing document as required in the notice
    • do not prepare a fresh document (unless specifically requested to do so in the notice) as this may cause new lodgement fees to apply
    • do not erase or use correction fluid or similar products
    • rule through errors with a single line and enter the correct information
    • ensure all amendments are initialled by all parties named in the form (except witnessing officers)
  • return all pages that were sent to you to the office of lodgement prior to the rejection due date specified in the notice
  • pay any requisition or other fees listed in the notice.

If you have questions about your requisition, use our online enquiry form.

Rejection due date and extensions

It is important that you comply with the terms of a requisition notice and return the documentation by the rejection due date, or your dealing may be rejected. If your dealing is rejected, we will send you a notice and return documents still held by us. Your dealing will lose lodgement priority and you will forfeit any lodgement fees that you have paid.

If necessary, the lodger of the dealing may request an extension of time by explaining the relevant circumstances in writing to the Registrar of Titles. Send your request to the address listed on the notice or use our online enquiry form. Each request will be assessed on its merits and you will be advised in writing of the outcome of the request.

What happens next

Once we receive your amended documentation, we will re-examine the dealing. If it satisfies all requirements, we will register your dealing and send you a registration confirmation statement.

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In some cases, dealings may need to be fully withdrawn (e.g. if a transfer does not proceed), or withdrawn and re-entered (e.g. to correct an error in lodgement order). Please follow the procedures below.

Full withdrawal

A dealing can be fully withdrawn only by either:

  • the lodger of a dealing
  • a person authorised by the lodger in writing.

The request must be in the form of a letter (on letterhead if by a solicitor or company). This can be submitted by using our online enquiry form.

Following full withdrawal, the original dealing will be returned to the lodger.

Withdrawal and re-entry

A dealing may need to be withdrawn and re-entered, for example when it has been lodged in the wrong order or when a party signs a form after lodgement.

In these cases, a letter from the lodger will be required (on letterhead if by a solicitor or company). It is important that the letter requests the withdrawal and re-entry of the dealing and not just the withdrawal.

When the dealing is re-entered, it will be given a new dealing number (re-entered/re-lodged) so that it can continue to registration.

For more information on withdrawal of dealings and fees involved in this process, see section 159 of the Land Title Act 1994 and part 60-0150 of the land title practice manual.

If you have any further questions about the withdrawal process, please use our online enquiry form.

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