Can Power of Attorney Sell Property Australia

Your parent needs to fund their residential aged care. The family home is the largest asset. You hold an enduring power of attorney. But when you contact the conveyancer, they tell you the EPOA needs to be "registered" first — and the process looks different in every state.

Selling property under an EPOA is legally possible across Australia, but the land registry step catches attorneys off guard because it's the one requirement that can't be resolved at the last minute.

The Short Answer

Yes, an attorney under a valid enduring power of attorney can sell the principal's real property — provided the EPOA grants authority over financial matters (which most do), any registration required by the applicable jurisdiction has been completed, and the sale is in the principal's best interests. The research matrix says Tasmania requires registration for all EPOA uses; Victoria does not register standard EPOAs; and WA treats registration as optional but highly recommended.

A general power of attorney cannot be used for this purpose if the principal has lost capacity, because a general POA ceases to operate upon incapacity. Only an enduring power of attorney continues.

State-by-State Land Registry Registration

NSW (Land Registry Services): Register the EPOA by lodging the original document and Form 09GP. The current registration fee is approximately $183. The original document is scanned and returned. If the EPOA has previously been revoked, the revocation must also be registered.

Victoria (Land Use Victoria): Victoria does not register EPOAs with the land titles office. Conveyancers and banks rely directly on certified copies of the original EPOA. This means there's no registration step to delay the transaction, but it also means the conveyancer will conduct their own verification of the document's validity.

Queensland (Titles Queensland): Lodge the EPOA with Form 16 (Request to Register Power of Attorney). The fee is approximately $232. The EPOA must be the original or a copy certified under the Powers of Attorney Act 1998. Documents must be printed one-sided on white A4 paper, unfolded — the registry rejects folded or double-sided submissions.

Western Australia (Landgate): If you register the original EPA, the fee is approximately $225. If a duplicate certificate of title exists, it must be produced to Landgate at the time of lodging.

South Australia (Land Services SA): Lodge the original EPA and a complete duplicate photocopy for comparison. The fee is approximately $204.

Tasmania (Land Titles Office): Registration is mandatory before the EPOA has any legal effect — not just for property transactions, but for all purposes. The fee is approximately $147. An unregistered Tasmanian EPOA cannot be used at a bank, with an aged care provider, or anywhere else.

ACT (Land Titles): Registration is required for any transaction dealing with ACT leasehold land. The fee ranges from approximately $127 to $192.

NT (Land Titles Office): Registration is required for real estate transactions. The fee ranges from approximately $150 to $200.

Timing the Registration

Don't wait until you need to sell. Arrange any required land-title registration as soon as the EPOA is executed — ideally while your parent still has capacity and can assist if the registry raises any questions about the document.

Registration processing times vary by registry. If a requisition is raised, the timeline can extend; check the registry's current process before relying on a settlement date.

If the EPOA contains restrictions that conflict with the property transaction (for example, it limits the attorney's authority to a specific type of financial decision that doesn't clearly include property sales), the registry may issue a requisition requesting clarification. This can stall the process for weeks.

Safeguards and Best Interests

The attorney has a legal duty to act in the principal's best interests. Selling the family home to fund aged care is generally considered a proper exercise of the attorney's powers, particularly when the principal can no longer live at home independently.

However, if the sale is challenged (by another family member, for example), the attorney must be able to demonstrate that the sale was necessary, the price was fair (at or above market valuation), the proceeds were applied for the principal's benefit, and the principal's wishes — if they expressed any before losing capacity — were considered.

Getting an independent market valuation before listing the property creates a documented record that protects the attorney against future accusations of selling below market value.

The Enduring Power of Attorney and Guardianship toolkit includes a property sale authority checklist covering each state's registration requirements, along with document templates for demonstrating best-interests compliance.

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