Request to register power of attorney/revocation of power of attorney (Form 16)

An instrument signed under a power of attorney can be registered only if the power of attorney is registered (Land Title Act 1994 (Qld) s 132). The Registrar keeps a power of attorney register and registers a power by recording its particulars when a request to register is lodged with the power deposited; the deposited power is returned after a copy is kept (s 133). A copy certified under section 14 or 45 of the Powers of Attorney Act 1998 can be deposited instead of the original (s 133(4)). Form 16 is that request. It is not itself a power of attorney. Only a power that authorises the attorney to deal with land or financial matters can be registered; an appointment for personal or health matters only cannot (Land Title Practice Manual (LTPM) [16-2000]).

When you need it

• An attorney under a general power of attorney, or an enduring power of attorney covering financial matters, is going to sign a transfer, mortgage, lease or other Titles Registry document for the principal.
• A registered power of attorney has been revoked (in whole or in part) and the revocation needs to be registered.
• A lease, mortgage or agreement contains a power of attorney (for example a retirement village lease letting the lessor sign a surrender), and it must be registered before it is used (LTPM [8-2020]).
• Not for an advance health directive or a power for personal or health matters only.

1. 1

   Lodger panel

   Insert the lodger's name, postal address, email and phone number for correspondence. A lodger code is only needed if Titles Queensland has issued one.

2. 2

   Item 1: principal (donor)

   Insert the full name of each principal exactly as shown on the power of attorney. Delete 'and as Trustee/Responsible Entity for' if the principal is appointing only in their own capacity. Where there is more than one principal, show whether they appoint jointly, severally or jointly and severally.

3. 3

   Item 2: attorney (donee)

   Insert the full name of each attorney and how they are to act, as stated in the power: jointly, severally, jointly and severally, by majority or any two jointly (LTPM [16-4020]).

4. 4

   Item 3: request

   Select or keep the statement that applies (registration of the power, or of its revocation) and delete the other. For a partial revocation, set out the details in this panel.

5. 5

   Item 4: execution

   Number the pages, then sign and date. The principal, an attorney, or the solicitor for either may sign. No witness is required, but a solicitor signing must print their full name (LTPM [16-2000], [16-4040]).

• Deposit the original power of attorney, or a copy certified under section 14 (general power) or section 45 (enduring power) of the Powers of Attorney Act 1998. Titles Queensland keeps a copy and returns the deposited document (s 133; LTPM [16-2015]).
• On registration, the dealing number on the label fixed to the power of attorney becomes the registered power of attorney number, which is then quoted when the attorney signs land dealings.
• Lodge by post to Titles Queensland, GPO Box 1401, Brisbane Qld 4001, or through eLodgement if you are a registered industry user. A lodgement fee applies; check it with the fee calculator.
• No duty notation is required for a power of attorney signed after 1 November 1989 (LTPM [16-2010]). The lodger is responsible for lodging documents in the right order, so the power should be lodged before or with the dealings signed under it.

• A dealing signed under a power after the revocation has been registered cannot be registered. A dealing signed before the revocation was registered can still be registered, even if lodged later (s 134(4); LTPM [16-2180]).
• Where supporting evidence is needed, such as evidence of the death of a first-named attorney, a properly certified copy is accepted, or you can quote the dealing number where it was deposited before.
• If a principal or attorney changes their name, the registered power can be updated by a Form 14 request (LTPM [16-2190]).