LawTalk Blog

Recognition of Powers of Attorney from Interstate

powers of attorney

In 2012 a Bill was introduced to Parliament attempting to recognise Powers of Attorney from interstate.

On 19 September 2013 the Powers of Attorney and Agency (Interstate Powers of Attorney) Amendment Act 2013 was assented to and came into effect on that day.

The amendment made to the Act now enables formal recognition of a Power of Attorney made interstate to be valid and have effect in South Australia.

There are some limitations however.

The Act does not confer any power upon an attorney in South Australia which is not otherwise recognised in this State.  For example, something that might be validly done by an attorney in New South Wales does not necessarily confer that right upon the same attorney within South Australia - although it is hard to find many practical, everyday examples of where this might be a hindrance.

This sensible amendment to the Act should mean that an immediate update of your Power of Attorney documents is not so urgent, however, it is always our advice to have any out of date documents, including your Will reviewed by a solicitor experienced in Wills and Estate Planning.  This is also important if there are significant changes in your circumstances. For example, if you marry, divorce or your appointed executor dies, amongst other things.


Please note, this Blog is posted in Adelaide, South Australia by Andersons Solicitors. It relates to South Australian legislation. Andersons Solicitors is a medium sized law firm servicing metropolitan Adelaide and regional South Australia across all areas of law for individuals and businesses.


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