Can Power of Attorney Sell Property in Australia?

The Short Answer

Yes. A person appointed under a Power of Attorney (POA) can sell property in Australia — but only if specific conditions are met. Not all Powers of Attorney grant this authority, and even when they do, significant safeguards apply.

This guide explains when a POA can be used to sell property, the different types of POA, the limitations and safeguards, and how the rules vary between states.

Types of Power of Attorney

Before discussing property sales, it is important to understand the different types of POA, because each has different powers and limitations.

General Power of Attorney

A general POA gives your attorney the authority to manage your financial and legal affairs while you still have mental capacity. It is typically used for convenience — for example, authorising someone to handle transactions while you are overseas.

Key limitation: A general POA automatically ceases to operate if you lose mental capacity. Since property sales by an attorney most often arise when the principal (the person who made the POA) has lost capacity, a general POA is usually not sufficient.

Enduring Power of Attorney (Financial)

An enduring POA continues to operate even after you lose mental capacity. This is the type of POA that is relevant to most property sale scenarios.

An enduring POA for financial matters can authorise your attorney to:

• Manage your bank accounts
• Pay your bills
• Manage your investments
• Sell your property
• Enter into contracts on your behalf
• Deal with government agencies

However, the authority to sell property must be either expressly granted in the POA document or fall within the general powers granted by the legislation of your state.

Enduring Power of Attorney (Health/Personal)

An enduring POA for health and personal matters covers medical decisions and personal care — not financial or property matters. This type of POA cannot be used to sell property.

For a comprehensive overview of all types, see our guide to Powers of Attorney.

When Can a POA Be Used to Sell Property?

An attorney can sell property when all of the following conditions are met:

1. The POA Grants Authority Over Real Property

The POA document must authorise the attorney to deal with real property. In most states, an enduring POA for financial matters includes this authority by default (unless specifically excluded). Some POAs include explicit clauses granting or restricting property-sale powers.

Check the document. If you are an attorney considering selling a principal’s property, read the POA carefully to confirm the authority exists.

2. The POA Is Enduring (If the Principal Has Lost Capacity)

If the principal has lost mental capacity, only an enduring POA remains valid. A general (non-enduring) POA ceases to operate on loss of capacity.

If the principal still has capacity, either type of POA can be used — but the principal can also sell the property themselves.

3. The Sale Is in the Principal’s Best Interests

This is the most important safeguard. An attorney has a fiduciary duty to act in the principal’s best interests, not their own. Selling property must be justified by a legitimate purpose, such as:

• Funding the principal’s aged care or medical expenses
• Downsizing to more suitable accommodation
• Paying the principal’s debts
• Maintaining the principal’s standard of living
• Complying with a court order

An attorney who sells property for personal gain, at below-market value, or without a legitimate reason can face legal action, including having the sale overturned and being held personally liable.

4. The POA Is Properly Registered (Where Required)

In most Australian states, a POA must be registered with the land titles office before it can be used to transact with real property. This is a separate step from creating the POA — the document must be lodged with the relevant authority.

Tip: Register the POA as soon as it is created, even if you do not expect to use it for property transactions immediately. Registering during a crisis (when the principal has already lost capacity) is much harder.

State-by-State Variations

While the general principles are consistent, each state has specific rules about POA and property sales.

New South Wales

Under the Powers of Attorney Act 2003 (NSW), an enduring POA can authorise property sales. The attorney must act honestly and with reasonable care. The NSW Civil and Administrative Tribunal (NCAT) can review an attorney’s actions if there are concerns about misuse.

For NSW-specific Will and POA requirements, see our NSW guide.

Victoria

Under the Powers of Attorney Act 2014 (Vic), an enduring POA for financial matters includes the power to sell property unless specifically excluded. VCAT (Victorian Civil and Administrative Tribunal) oversees attorney conduct and can revoke a POA if the attorney acts improperly.

For Victorian requirements, see our Victoria guide.

Queensland

Under the Powers of Attorney Act 1998 (Qld), an enduring POA can include financial powers that extend to property sales. The Queensland Civil and Administrative Tribunal (QCAT) provides oversight. Queensland also requires the attorney to keep records of all transactions.

For Queensland requirements, see our Queensland guide.

Western Australia

Under the Guardianship and Administration Act 1990 (WA), an enduring POA for property and financial affairs can authorise property sales. The State Administrative Tribunal (SAT) provides oversight.

South Australia

Under the Powers of Attorney and Agency Act 1984 (SA), an enduring POA can authorise an attorney to sell property. The South Australian Civil and Administrative Tribunal (SACAT) can intervene if the attorney acts improperly.

Other States and Territories

Tasmania, the ACT, and the Northern Territory each have their own legislation governing POAs. The general principle — that an enduring POA can authorise property sales, subject to fiduciary duties and tribunal oversight — applies in all jurisdictions.

Safeguards Against Misuse

The power to sell someone else’s property is significant, and Australian law includes several safeguards to prevent misuse.

Fiduciary Duties

An attorney is a fiduciary — they must:

• Act in the principal’s best interests (not their own)
• Avoid conflicts of interest
• Keep accurate records
• Not mix the principal’s assets with their own
• Act honestly and with reasonable care and diligence

Tribunal Oversight

Each state has a tribunal (NCAT, VCAT, QCAT, SAT, etc.) that can:

• Review an attorney’s actions
• Order compensation if the attorney has acted improperly
• Revoke the POA
• Appoint a new attorney or guardian

Anyone concerned about an attorney’s conduct — family members, friends, professionals — can apply to the tribunal for a review.

Third-Party Checks

When an attorney presents a POA to a conveyancer, solicitor, or real estate agent to sell property, those professionals have a duty to verify:

• The POA is valid and current
• The POA grants authority over property
• The POA is registered with the land titles office
• There are no obvious red flags suggesting misuse

Banks and settlement agents also conduct their own checks before releasing funds.

Co-Attorneys and Restrictions

When creating a POA, the principal can include safeguards such as:

• Appointing two attorneys who must act jointly (both must agree to any property sale)
• Including specific restrictions (e.g., “my attorney may not sell my family home without the consent of my children”)
• Requiring the attorney to obtain an independent valuation before selling property
• Limiting the POA to specific properties or types of transactions

What If There Is No POA?

If someone loses mental capacity and there is no enduring POA in place, no one has automatic authority to sell their property — not even their spouse, children, or siblings.

In this case, a family member (or other interested party) must apply to the Guardianship Tribunal (or equivalent) for an administration order. The tribunal appoints an administrator who then has the authority to manage the person’s financial affairs, including selling property if appropriate.

This process is:

• Time-consuming — It can take weeks or months
• Expensive — Legal fees, tribunal costs, and ongoing administrator fees
• Invasive — The tribunal examines the person’s personal and financial circumstances
• Public — Tribunal hearings are generally open

All of this can be avoided by creating an enduring POA while you still have capacity. It is one of the most important estate planning documents you can have.

For guidance on setting up a POA for a parent, read our article on Power of Attorney for elderly parents.

Practical Tips

For Principals (The Person Creating the POA)

1. Create an enduring POA now, while you have capacity. If you wait until you need it, it may be too late.
2. Choose your attorney carefully. This person will have significant power over your finances and property.
3. Include appropriate safeguards — joint attorneys, restrictions, notification requirements.
4. Register the POA with the land titles office in your state.
5. Review your POA regularly and update it if your circumstances or wishes change.

For Attorneys (The Person Acting Under the POA)

1. Read the POA document carefully before acting. Understand exactly what authority you have.
2. Act in the principal’s best interests at all times.
3. Keep detailed records of all transactions and decisions.
4. Obtain independent valuations before selling property.
5. Seek legal advice if you are unsure about any aspect of your authority or obligations.
6. Do not mix the principal’s funds with your own.

Get Your Estate Plan in Order

A Power of Attorney is a critical component of a complete estate plan — alongside your Will, superannuation nominations, and insurance beneficiaries. ezyWill helps you create a comprehensive estate plan that includes guidance on Powers of Attorney and integrates with your Will and digital vault.

Start your estate plan with ezyWill — and ensure the right people have the right authority when it matters most.

This article is for general informational purposes only and does not constitute legal advice. Power of Attorney laws vary by state and territory. For complex situations, property transactions, or concerns about attorney conduct, we recommend consulting a qualified solicitor. ezyWill provides legally structured Will templates and estate planning guidance tailored to Australian state and territory requirements.