Power of Attorney (P1)

Section 155 of the Real Property Act 1886 (SA) lets a person, before or after becoming a registered proprietor, authorise an attorney to bring land under the Act and to execute instruments dealing with land. A duplicate or attested copy of the power must be deposited in the Lands Titles Registration Office, and the Registrar-General must compare it with the original before depositing it (s 156). A donor can revoke the power by an instrument in the appropriate form, after which the Registrar-General will not act on instruments executed under it (s 157). Instruments executed before the revocation or the donor's death is entered remain valid (s 160). Form P1 is for a general power of attorney; an enduring power of attorney uses Form P2.

When you need it

• You want someone to sign transfers, mortgages, leases or other land dealings in South Australia on your behalf.
• An attorney under an existing general power needs to deal with SA land: the power must be deposited first.
• You want the power checked by Land Services SA in advance, while you can still fix or re-sign it.
• For an enduring power of attorney, use Form P2.

1. 1

   Donor

   Give the donor's full name and current address. Multiple donors are allowed, but each is treated as a separate power of attorney with its own number and fee.

2. 2

   Donee and how they act

   Give each attorney's full name and current address. Strike through 'jointly' or 'jointly and severally' so the form shows how multiple attorneys act.

3. 3

   Specific powers

   State the specific powers. The guidance notes require the power to execute instruments dealing with interests under the Real Property Act 1886 to be stated expressly.

4. 4

   Execution and witness

   Insert the donor's name and date, and have the donor sign in front of a disinterested adult witness, who prints their full name and address under their signature. A body corporate donor must execute in its prescribed manner.

5. 5

   Duplicate or attested photocopy

   Prepare at least one original and one photocopy. Mark on the form whether a duplicate or attested photocopy is being deposited.

• Lodge the original and a photocopy with Land Services SA in person (Level 9, 101 Grenfell Street, Adelaide, 9am to 5pm) or by post (GPO Box 543, Adelaide SA 5000). The original is compared with the copy (s 156(3)) and returned by registered post.
• Powers of attorney are not on the mandated electronic lodgement list, so paper lodgement is normal.
• A lodgement fee applies for each donor. Check the current amount on Land Services SA's fee schedule or the self-represented power of attorney checklist.
• A confirmation of registration notice is emailed to the lodging party once the power is deposited. If the power is later revoked, the revocation must also be lodged.

• Land Services SA cannot give legal advice or help prepare a power of attorney. Consider independent advice before making, accepting or acting under one.
• An attorney must act in the donor's best interests. Land Services SA points to section 7 of the Powers of Attorney and Agency Act 1984.
• SAILIS account holders can check whether a power has been deposited through the Benefitting Name Search, using dealing type PA.