CONVEYANCING – COMMONLY ASKED QUESTIONS

Q. I am an agent for a Vendor who is based in Victoria. The Vendor has appointed an attorney under a Victorian Power of Attorney.  Is a Victorian Power of Attorney valid in Qld?

A. Section 34 of the Powers of Attorney Act Qld provides that if a power of attorney is made in another state, it will be recognised by Qld law provided it delegates powers that could have been lawfully delegated in Qld. You should also remember that if dealing with real property, the Power of Attorney will need to be registered with the Qld Titles Office in order for the Attorney to sign any transfer, mortgage or other documents that need to be registered.

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