Substitution of attorney


A power of attorney may contain a condition that specifically allows an appointed attorney to appoint another in their place.  The substitution may be for a specific period of time and/or for a specific purpose, or may not be qualified.

The power of attorney is not required.

Lodgment requirements

Stamp duty - Required. Required if executed before 1.1.1989.  If not marked Registration insisted upon, is prohibited.

Not required if executed on or after 1.1.1989.

Registration copy - Required. If unacceptable, Registration insisted upon is prohibited.

Statement of Title Particulars form - Not required.

NOS form - Not required.

Index Particulars form (completion)

(A) Lodging Party - Must be completed.

(B) Instrument - Power of Attorney - Substitution of

(C) Locality - Not required.

Link Conveyance - Not required.

Principal Deed - The affected power of attorney if registered.

(D) Indexing - The principal.

(E) Certification - Required.

Document requirements 

Date: must be dated with the date of execution. If not dated advise the lodging party. If a date is not furnished, indicate Registration insisted upon and include the reason.

Name: the full names (initials are acceptable) of the principal is required. Advise the lodging party of any discrepancies in names.

Operative clause: "... hereby substitutes...".

Principal Deed:  required.  The registered number of the power of attorney as stated in the revocation must be identical to the number stated on the IPF.

Execution:  by the original attorney.  The substitute attorney does not have to sign.

Attestation: required. Must be witnessed by a person of 18 years of age or older who is not a party to the document.

IPF: must be completed.

Staff processing information

CA Not required


Locality: nil.

Link Conveyance: nil.

Principal Deed: the registered original power of attorney.

Noting: nil.

V:  the principal, and any variations thereof.  The attorney and the substitute attorney are not given an Index entry.

P:  nil.