---
title: "Check whether an interstate enduring power will be recognised"
url: "https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/check-whether-an-interstate-enduring-power-will-be-recognised"
type: "task"
site: "AI Law Framework"
id: "A18-FL20261022-3"
practice_area: "Elder Law & Powers of Attorney / Guardianship"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check whether an interstate enduring power will be recognised

> 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.

Canonical page: https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/check-whether-an-interstate-enduring-power-will-be-recognised  
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 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 / 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 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 does: 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.
- 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. Record the place of making from the instrument, not from the client's memory.
2. Do not treat recognition in New South Wales as permission to sign a land dealing. Registration is separate.
3. Stop if the power was made overseas. The NSW Government page says it is not recognised in New South Wales.
4. 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.

## 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 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)
- [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)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/check-whether-an-interstate-enduring-power-will-be-recognised/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.*