---
title: "Check whether a power must be registered before the attorney deals with property"
url: "https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/check-whether-a-power-must-be-registered-before-the-attorney-deals-with"
type: "task"
site: "AI Law Framework"
id: "A18-FL20261022-1"
practice_area: "Elder Law & Powers of Attorney / Guardianship"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check whether a power must be registered before the attorney deals with property

> From the power and the dealing the lawyer describes, record whether the power has a registration number, whether the dealing is a land transaction or a share transaction, and whether it is a lease of less than three…

Canonical page: https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/check-whether-a-power-must-be-registered-before-the-attorney-deals-with  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Elder Law & Powers of Attorney / Guardianship](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the power and the dealing the lawyer describes, record whether the power has a registration number, whether the dealing is a land transaction or a share transaction, and whether it is a lease of less than three years including any option. Do not say the power can be used. |
| What the lawyer must review | The lawyer decides whether registration is required before the attorney acts. The NSW Government page says a power must be registered with NSW Land Registry Services if the attorney is to deal with real estate in New South Wales, and that otherwise there is no requirement to register. The Registrar General's guidelines say a power must be registered for land transactions, except a lease of less than three years including any option, and they cite section 163 of the Conveyancing Act 1919 and section 36(2) of the Real Property Act 1900. The guidelines also say registration is required for share transactions as a matter of Australian Stock Exchange practice. Those Acts were not opened separately. The guidelines say an interstate enduring power may be accepted for registration if a legal practitioner from that place certifies that it was made in accordance with the formal requirements there and that the practitioner is admitted, holds a practising certificate and practises there. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: From the power and the dealing the lawyer describes, record whether the power has a registration number, whether the dealing is a land transaction or a share transaction, and whether it is a lease of less than three years including any option. Do not say the power can be used.
- What the lawyer does: The lawyer decides whether registration is required before the attorney acts. The NSW Government page says a power must be registered with NSW Land Registry Services if the attorney is to deal with real estate in New South Wales, and that otherwise there is no requirement to register. The Registrar General's guidelines say a power must be registered for land transactions, except a lease of less than three years including any option, and they cite section 163 of the Conveyancing Act 1919 and section 36(2) of the Real Property Act 1900. The guidelines also say registration is required for share transactions as a matter of Australian Stock Exchange practice. Those Acts were not opened separately. The guidelines say an interstate enduring power may be accepted for registration if a legal practitioner from that place certifies that it was made in accordance with the formal requirements there and that the practitioner is admitted, holds a practising certificate and practises there.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Match the dealing to the guidelines: land, a lease under three years including any option, or shares. Do not assume every dealing needs registration.
2. For an interstate power, list the two matters the guidelines say the practitioner's certificate must cover. Do not prepare the certificate.
3. If the power is already registered and the client wants to revoke it, move to the revocation task and include the land registry.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [NSW Land Registry Services, Registrar General's Guidelines, Power of attorney after 16 February 2004](https://rg-guidelines.nswlrs.com.au/deeds/documents_lodged/power_of_attorney/power_attorney_after) (checked 2026-10-22)
- [NSW Government, Make a power of attorney](https://www.nsw.gov.au/family-and-relationships/planning-for-end-of-life/make-power-of-attorney) (checked 2026-10-22)
- [Powers of Attorney Act 1998 (Qld) s 46, advice of revocation](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/poaa1998240/s46.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/check-whether-a-power-must-be-registered-before-the-attorney-deals-with/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*