Can Power of Attorney Sell Property in Tasmania?

Selling a parent's home to fund aged care is one of the most common reasons families need a power of attorney — and in Tasmania, it's also one of the most common reasons they discover their EPOA doesn't work the way they assumed.

The Registration Prerequisite

An attorney cannot execute any legal transaction in Tasmania — including a property sale — unless the enduring power of attorney is registered with the Land Titles Office (LTO). This isn't a formality. Under the Powers of Attorney Act 2000, acts performed by an attorney are legally void until the EPOA appears on the Powers of Attorney Register.

The conveyancer handling the sale will verify the EPOA's registration number against the LTO register before proceeding. No registration number, no sale.

Registration takes two to four weeks. If you're anticipating a property sale, register the EPOA well in advance — not when the aged care facility is demanding a deposit.

Form 3 vs Form 4 for Property Sales

The form your parent signed matters:

Form 4 (General Enduring POA) grants broad, unrestricted financial authority. The attorney can sell any property without seeking additional approval — this is the standard choice for comprehensive estate planning.

Form 3 (Particular Enduring POA) restricts the attorney's authority to specific tasks. If the form doesn't explicitly include authority to sell real property, the attorney is stuck. They'd need to apply to TASCAT for an expanded order, which takes weeks and may or may not be granted.

Before listing a property, pull the registered EPOA and check: does it authorise the specific transaction you're planning? If you're working with a Form 3, have a solicitor review the restrictions before signing any contracts.

How the Sale Process Works

Once the EPOA is properly registered and authorises property transactions:

1. The attorney signs the contract of sale on behalf of the principal. They sign as "Attorney for [Principal's Name]" — not in their own name.
2. The conveyancer verifies the EPOA registration number with the LTO.
3. Settlement proceeds through the standard conveyancing process. The sale proceeds go into the principal's bank account (where the attorney has authority to manage them), not the attorney's personal account.

The attorney has a fiduciary duty to act in the principal's best interests. Selling the family home to a relative below market price, or transferring it to themselves, is a conflict transaction; the attorney must not do it unless the EPOA expressly authorises the benefit transaction. The Office of the Public Guardian can investigate, and TASCAT can review, vary, or revoke the appointment.

The September 2026 Paper Title Transition

On 1 September 2026, Tasmania is removing paper Certificates of Title from the land titling process. The Recorder of Titles will stop issuing physical paper titles and will no longer require them for registration.

For attorneys acting under an EPOA, this transition changes the game in two ways:

The good news: Lost paper titles have historically delayed property sales by weeks. Attorneys often had to search for a missing physical certificate before a sale could proceed. After September 2026, this risk is eliminated.

The critical requirement: Without a physical title to verify ownership at the counter, the electronic conveyancing network (such as PEXA) relies entirely on the digital register to confirm the attorney's authority. The EPOA must be flawlessly registered with the LTO — any error, any omission, any failure to register means the electronic system cannot verify the attorney's right to sell, and the transaction stalls.

If your parent's EPOA was registered years ago and the details haven't been reviewed since, now is the time to verify the registration is accurate and current.

Joint Tenancy vs Tenants in Common

How the property is owned affects what happens:

Joint tenancy — If the principal owns property as a joint tenant (common for married couples), the surviving joint tenant can transfer the property into their sole name via an Application by Survivorship lodged with the LTO, without needing probate or the EPOA. This only applies after the principal's death, not during incapacity.

Tenants in common — Each owner holds a distinct share. The attorney can only deal with the principal's share, not the co-owner's. A sale requires agreement from all owners.

Sole ownership — The attorney has full authority to sell (subject to the EPOA's terms and fiduciary duties).

Aged Care Deposits

The scenario that drives most property sales under an EPOA: the parent needs residential aged care, and the facility requires a Refundable Accommodation Deposit (RAD) — often $300,000 to $600,000 or more.

The attorney's typical workflow:

1. Negotiate the RAD with the aged care provider (or choose the Daily Accommodation Payment alternative)
2. List and sell the family home
3. Pay the RAD from sale proceeds
4. Manage remaining funds for the principal's ongoing care expenses

Time pressure is real. Aged care facilities typically allow a limited window to pay the RAD (or the daily payment begins accumulating). Building the LTO registration and property sale timeline into the aged care planning prevents the financial squeeze.

Making Sure It Works When You Need It

The Tasmania Power of Attorney Kit includes guidance on property sale authority, the September 2026 paper title transition, and the LTO registration process — the practical steps that sit between having an EPOA on paper and being able to actually sell property when the need arises.

See more Tasmania guides →