How to Register an EPoA With ACT Land Titles (Access Canberra)

Why Land Titles Registration Matters

An Enduring Power of Attorney is valid in the ACT the moment it is properly executed and witnessed. You do not need to register it to use it for healthcare decisions, banking, or most financial transactions. But if your attorney ever needs to deal with real property — selling your house to fund aged care, refinancing a mortgage, or transferring title — the EPoA must be registered with Access Canberra Land Titles before the transaction can proceed.

This catches many families at the worst possible time. A parent has been admitted to residential aged care, the family home needs to be sold to cover the accommodation deposit, and the attorney discovers they cannot sign the transfer documents because the EPoA was never registered. The registration process can then add delay to an already stressful timeline.

The Registration Process

Registration with Access Canberra Land Titles is a separate process from depositing the EPoA with the Public Trustee and Guardian's safe custody register. The two registries serve different purposes: the PTG register stores the document for safekeeping, while the Land Titles registration creates a formal record that authorises the attorney to deal with property on the Land Titles Register.

To register:

1. Obtain the original EPoA. Land Titles requires the original executed document, not a certified copy. If the original is deposited with the PTG, you will need to retrieve it (for a $166 withdrawal fee) before lodging with Land Titles.

2. Complete the lodgement. Lodge the original EPoA with Access Canberra Land Titles as a Part 10 dealing. The lodgement can be done in person at an Access Canberra Service Centre.

3. Pay the registration fee. The standard registration fee is $110. This is a one-time cost.

4. Wait for processing. Access Canberra will examine the EPoA for compliance with the Powers of Attorney Act 2006 — confirming the witnessing requirements are met, the correct approved form was used, and the attorney has formally accepted the appointment.

Common Rejection Reasons

Land Titles will reject an EPoA registration if:

• The witnessing requirements are not met. The EPoA must be signed by the principal in the presence of two adult witnesses. Witness 1 must be authorised to witness statutory declarations (solicitor, JP, or court registrar). Only one witness can be a relative of the principal or attorney. Neither witness can be an appointed attorney.

• The attorney's acceptance is missing. The attorney must formally accept the role in writing. A missing acceptance section is one of the most common reasons for rejection.

• The form is not the approved version. Form AF2017-45 is the current approved ACT form. An interstate EPoA may be recognised under ACT law but may require separate evidence of formal validity before an ACT property dealing is accepted.

• Handwritten alterations appear on the document. Any crossing out, interlineation, or margin notes — even if initialled — can cause rejection. If you need to change anything, execute a fresh EPoA rather than amending the existing one.

Registering a Revocation

If you revoke an EPoA and a prior version is registered with Land Titles, the revocation must also be registered. Without this step, the Land Titles Register continues to show the revoked EPoA as current, and a former attorney could theoretically present it to complete a property transaction.

The revocation instrument must be signed and witnessed following the same protocols as the original EPoA, then lodged with Access Canberra Land Titles along with the applicable fee.

Property Transfer After Death

When the principal dies, the EPoA ceases to operate — an attorney's powers do not survive the principal's death. Property transfer after death falls under the probate process, not the EPoA framework.

The executor named in the Will (or an administrator appointed by the ACT Supreme Court if there is no Will) handles property transfers through a transmission application lodged with Access Canberra Land Titles. This is a different process with different forms and fees, governed by the Administration and Probate Act 1929 rather than the Powers of Attorney Act 2006.

The important point for advance care planning is that Land Titles registration of the EPoA is a lifetime measure. It protects the principal's property interests while they are alive but incapacitated. Once they die, the EPoA registration becomes irrelevant and the estate administration process takes over.

When to Register

The practical advice is simple: register the EPoA with Access Canberra Land Titles at the same time you execute it, if you or the principal owns any real property in the ACT. The $110 fee is minor compared to the cost and delay of registering under emergency circumstances.

If property is owned in both the ACT and NSW (common in the Canberra-Queanbeyan corridor), the EPoA may also need to be registered with NSW Land Registry Services. Cross-border property ownership adds complexity — the EPoA form requirements and witnessing rules differ between jurisdictions.

The ACT Advance Directive & Living Will Kit includes a storage and distribution log that tracks which registries hold copies of your documents, so you can confirm at a glance whether your Land Titles registration is current.

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