Check whether an interstate enduring power will be recognised
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the enduring power, record the place it was made, whether the papers include a local practitioner's certificate, and the powers it grants. Do not say it will be recognised or that it can be registered.
- What the lawyer must review
- The lawyer decides recognition and any registration. The NSW Government page says an enduring power made in another State or Territory is recognised in New South Wales if it is valid under the law of the place it was made and the powers could validly be given in New South Wales. A New South Wales enduring power may be valid elsewhere depending on that place's recognition rules. An enduring power made overseas is not recognised in New South Wales. The Registrar General's guidelines add that an interstate enduring power may be accepted for registration only with a certificate from a legal practitioner of that place on the two matters stated in the registration task.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record the place of making from the instrument, not from the client's memory.
- Do not treat recognition in New South Wales as permission to sign a land dealing. Registration is separate.
- Stop if the power was made overseas. The NSW Government page says it is not recognised in New South Wales.
- The page does not state how another State recognises a New South Wales power. The lawyer opens that State's rule before the power is used there.
Sources
- NSW Government, Make a power of attorney · 2026-10-22
- NSW Land Registry Services, Registrar General's Guidelines, Power of attorney after 16 February 2004 · 2026-10-22
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.