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Titles Registry reminds practitioners of incoming enduring power of attorney and guardianship laws

Practitioners should ensure that from 30 November 2020 any template or proforma Queensland enduring power of attorney documents are updated for the new enduring power of attorney forms. 

If a Queensland enduring power of attorney prepared on one of the old enduring power of attorney forms is signed by the principal on or after 30 November 2020, the Titles Registry will not be able to be satisfied that the enduring power of attorney is valid in accordance with the requirements of the (amended) Powers of Attorney Act 1998 (principally s. 44(1) of the Act).

For this reason, from 30 November 2020, a request to register an enduring power of attorney on one of the old enduring power of attorney forms that has been signed by the principal on or after 30 November 2020 will not be capable of registration without the deposit of a declaration of validity from a court of competent jurisdiction.

To ensure compliance with the enduring power of attorney requirements under the Powers of Attorney Act 1998 (principally s. 44(1)) customers and practitioners should ensure that:

For further details refer to the Frequently Asked Questions – which version to use.

Changes to guardianship laws (including enduring power of attorney laws) from 30 November 2020

Important changes to guardianship laws as a result of the Guardianship and Administration and Other Legislation Amendment Act 2019 will commence on 30 November 2020. For details of all of the changes refer to the Changes to guardianship laws and forms page on the Queensland Government website.

These changes will affect some Titles Registry practices, particularly for enduring powers of attorney including:

  • the Certification of a copy of an enduring power of attorney under the amended s. 45 of the Powers of Attorney Act 1998;
  • the number of joint attorneys permitted for a matter under an enduring power of attorney;
  • conflict of interest transactions generally; and
  • gifts or donations generally.

These changes will be reflected in updates to Part 16 of the Land Title Practice Manual that will be published on 30 November 2020. 

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