Buying Property Using a Power of Attorney in Victoria

By the Pearson Chambers Conveyancing.
Published 25th April 2026

We get asked about this most often when a buyer is overseas, a parent is unwell, or a partner can't get to the auction or settlement signing in time.

The short answer: In Victoria, an attorney can sign property documents for a buyer or seller if the power of attorney is valid and covers financial matters. The key law is the Powers of Attorney Act 2014 (Vic), with updated prescribed forms under the Powers of Attorney Regulations 2025 (Vic) from 10 August 2025. Your conveyancer will check the document, witnesses, authority, identity, and any section 64 conflict transaction risk before settlement can move ahead.

What is a power of attorney in Victoria?

A power of attorney is a legal document where one person, called the principal, appoints another person, called the attorney, to act for them. For conveyancing, the document must give authority over financial matters, because buying, selling, mortgaging, and transferring real estate are financial dealings.

Victoria has two common types for property transactions:

A general non-enduring power of attorney lets someone act for a set task or period. It stops if the principal loses decision making capacity.
An enduring power of attorney can continue if the principal later loses decision making capacity. This is often used where a parent is downsizing, entering aged care, or wants a trusted person to manage future property decisions.

The wording matters. Your conveyancer will read the actual document, not just accept that ‘there is a power of attorney’. They need to see who was appointed, whether attorneys must act jointly or can act separately, what conditions apply, and whether the document is still current.

Can an attorney buy or sell property in Victoria?

Yes, an attorney can usually sign a contract of sale, vendor statement, transfer, and settlement directions if the power of attorney allows financial matters. That authority must be valid at the time of signing, and the attorney must act for the principal, not for themselves.

This comes up when a registered owner is overseas, in hospital, or not comfortable with online settlement paperwork. If there is more than one registered owner, each owner still needs to sign or have a valid representative sign for them. That is why it helps to understand how co-owner signing rules work before the agent issues contracts.

An attorney should sign in a way that makes the capacity clear: their own name, followed by ‘as attorney for [principal's name]’. That small wording choice helps everyone see that the attorney is not personally becoming the buyer or seller.

Which powers does the document need to include?

For a property purchase or sale, the power of attorney should cover financial matters. In practical terms, that may include signing a contract, dealing with settlement funds, giving bank instructions, paying rates adjustments, and authorising a bank to release a mortgage.

Many Victorian powers of attorney include conditions. A parent might say the attorney can only sell the home if the parent has moved permanently into aged care. Another principal might allow a purchase up to a certain price, or require two children to act together. Your conveyancer must follow those conditions.

A power of attorney does not let the attorney do everything. An attorney cannot make a will for the principal. Medical treatment decisions sit under a separate Victorian law and appointment process.

What changed with the Powers of Attorney Regulations 2025?

The Powers of Attorney Regulations 2025 (Vic) started on 10 August 2025 and introduced updated prescribed forms. For new enduring powers of attorney made after that date, the current Form 1 should be used.

Older powers are not automatically invalid just because the form has changed. A properly made enduring power from before 10 August 2025 may still work. The real question is whether it was validly signed at the time, whether the attorney is still able to act, and whether the wording covers the property step now being taken.

How must a power of attorney be witnessed?

An enduring power of attorney in Victoria must be signed with two witnesses, and one must be an authorised witness. People closely connected to the principal or attorney may be unable to witness it, so the safest approach is to arrange signing through a lawyer or another suitable authorised witness.

This is not the document to sign quickly at the kitchen table before a Saturday auction. A witness problem can make the authority unreliable, and that can affect the contract, the bank, and settlement.

We've seen this most often where a family member has tried to help in a hurry. Mum is in hospital, the auction is coming up in Brunswick, and an adult child arrives with a half signed form. If the witnessing is wrong, the attorney may not have authority, no matter how sensible the family plan feels.

Can a power of attorney be signed from interstate or overseas?

Yes, it may be possible, but the signing process needs careful planning. The key issue is not where the attorney is located, but whether the power of attorney was made validly and whether the conveyancer can verify the attorney's identity and authority.

If the principal or attorney is outside Victoria, do not assume a quick video call will fix everything. Overseas witnessing, local notary requirements, consular appointments, and digital identity checks can add time. For buyers or sellers away from Melbourne, it is worth looking at interstate and remote settlement options before signing.

Who signs what in a Victorian conveyance?

In a Victorian property transaction, a power of attorney can affect several signing steps. Your conveyancer will usually check each one separately.

Contract of sale and Section 32 statement: The attorney may sign for the buyer or seller if the power covers the transaction. For vendors, the Section 32 vendor statement must be signed before the buyer signs the contract.

Client Authorisation Form: In electronic conveyancing, your conveyancer needs authority to sign registry documents digitally. An attorney may sign as a client agent, and your conveyancer will explain how the PEXA Client Authorisation Form works.

Transfer of Land: The transfer is usually prepared and lodged electronically. Your conveyancer signs through the electronic workspace based on the authority given through the Client Authorisation Form and supporting power of attorney evidence.

Bank and settlement directions: The attorney may also approve payout figures, rates adjustments, discharge steps, and the direction of surplus funds. Because money is involved, written instructions matter.

The attorney's identity must also be checked. Australian electronic conveyancing rules require reasonable steps to verify the identity and authority of the person signing, including attorneys. That is why verification of identity requirementsstill apply even when the family relationship is obvious.

Does the power of attorney need to be lodged with Land Use Victoria?

A fresh certified copy is usually needed as supporting evidence when an attorney signs a transfer or related land document. Victoria no longer relies on the old Permanent Order Book process for new dealings.

Before 1 July 2023, some powers of attorney could be recorded and later referred to by book and page details. That process has ended. For modern conveyancing, your conveyancer will usually keep a certified copy on file and attach or produce evidence as needed for the particular dealing.

What is the section 64 conflict transaction trap?

Section 64 of the Powers of Attorney Act 2014 (Vic) restricts an attorney from entering into a conflict transaction unless properly authorised. A conflict transaction is one where the attorney, or someone close to them, benefits from the deal.

Common examples include an attorney buying the principal's property, selling it to their spouse, leasing it cheaply to their adult child, or transferring money to themselves from sale proceeds. Even if everyone in the family thinks it is fair, the attorney needs proper authority.

That authority may come from the power of attorney document, written approval from the principal while they have capacity, or an order from VCAT. Without it, the transaction can be challenged and the attorney may be exposed to compensation orders.

What should you send your conveyancer?

Send the power of attorney as early as possible, preferably before the contract is signed. The earlier your conveyancer sees it, the easier it is to fix a problem or choose a safer signing path.

A helpful first pack includes:

the full power of attorney document, not just the signature page
any acceptance pages signed by the attorney
the principal's and attorney's full legal names and contact details
details of whether the attorney is also buying, selling, lending money, or receiving funds
any court, VCAT, guardianship, or administration documents linked to the property
the contract, Section 32, title search, and lender details, if available

A quick review before signing is much cheaper than repairing a defective authority after the contract is on foot.

What can go wrong if the power of attorney is defective?

A defective power of attorney can delay settlement, put a deposit at risk, or force the parties to sign fresh documents. The right fix depends on when the issue is found.

If the problem is spotted before signing, the principal may be able to make a new document if they still have capacity. If the principal has lost capacity, the family may need to consider VCAT administration orders. If the problem is found after signing, urgent legal advice is needed because the contract position may be sensitive.

In our practice, the best outcomes usually come from early disclosure. When we know an attorney is involved before contracts are exchanged, we can check authority, identity, conflict risks, and settlement evidence before the pressure ramps up.

Frequently asked questions

Can my parents sign a power of attorney so I can buy my first home for them?

Yes, if your parents are the buyers and they want you to act for them, they can use a valid financial matters power of attorney. If you are buying for yourself and your parents are only helping with money, a power of attorney is usually not the right tool. Their contribution may need to be treated as a gift, loan, guarantee, or co-ownership arrangement.

What is a power of attorney and how is it different from a guardian?

A power of attorney is made voluntarily by a person who has decision making capacity and wants someone else to act for them. A guardian or administrator is appointed by VCAT when a person needs decision making help and there is no suitable valid authority already in place. A power of attorney is planning ahead; a VCAT appointment is usually a later protective step.

Can an attorney sign a contract of sale in Victoria?

Yes, an attorney can sign a Victorian contract of sale if the power of attorney is valid and covers financial matters. The attorney should sign in their own name and state that they are signing as attorney for the principal. The conveyancer should review a certified copy before relying on the authority.

How much does it cost to make a power of attorney in Victoria?

The prescribed forms are publicly available, but many people ask a lawyer to prepare and witness the document. The fee depends on the complexity of the appointment, the number of attorneys, and whether extra conditions are needed. The cost is usually small compared with the risk of a failed property transaction.

Does the attorney need to be in Victoria to sign the contract?

No, the attorney does not always need to be physically in Victoria. They can be interstate or overseas if the power of attorney is valid and the conveyancer can verify their identity and authority. Allow extra time for remote signing, certification, and lender checks.

Can I use a power of attorney if my parent already has dementia?

Only if the power of attorney was made while your parent still had decision making capacity. An enduring power of attorney can continue after capacity is lost, but a new power of attorney cannot be made after capacity is lost. If there is no valid document, the family may need to apply to VCAT for an administrator.

What happens if the power of attorney is defective during conveyancing?

If the defect is found early and the principal still has capacity, a new document may be possible. If the defect is found after signing, the parties may need fresh documents, lender approval, a contract variation, or urgent legal advice. Do not keep signing further documents until your conveyancer has checked the risk.

About the Pearson Chambers Conveyancing team

Pearson Chambers Conveyancing is a Melbourne focused conveyancing team helping buyers, sellers, and families across the CBD, inner north, west, and south east. We handle first home buyer settlements every day, including matters where a parent, partner, sibling, or attorney needs to sign. Power of attorney checks, certified copies, PEXA authority, and section 64 conflict concerns are part of the work we do before clients commit to a contract.

Sources we consulted

Talk to Pearson Chambers before you sign

If a power of attorney is involved in your purchase or sale, ask us to review it before the contract becomes a bigger problem. We can check whether the document covers financial matters, whether the attorney can sign, whether a section 64 conflict issue exists, and what your conveyancer needs for PEXA and Land Use Victoria.

Pearson Chambers Conveyancing offers a complimentary Section 32 contract review for Melbourne buyers.

Email: contact@pearsonchambers.com.au

General information only, current as at the date of publication. Victorian conveyancing rules and legislation change frequently. Please contact the Pearson Chambers Conveyancing team for advice on your specific contract.