Power of Attorney in WA: What Real Estate Sellers & Landlords Need to Know

If you're preparing to sell a property or need someone to handle your investment property in Western Australia, understanding how a Power of Attorney (POA) works is essential. This legal document can streamline decision-making, reduce delays, and offer peace of mind when you're unable to act yourself.

Whether you're managing property sales, tenancy agreements, or ongoing property management duties, here’s what you need to know about using a Power of Attorney in WA.

What Is a Power of Attorney?

A Power of Attorney is a legal document that authorises someone you trust (your attorney) to act on your behalf. In real estate, this can include:

• Signing contracts of sale

• Negotiating or executing residential leases

• Collecting rent or managing repairs and maintenance

• Representing you at settlement

• Managing investment properties

Types of Power of Attorney in WA:

General Power of Attorney (GPA)Used for short-term needs, such as if you're travelling or temporarily unavailable. It is valid only while you have mental capacity.

Enduring Power of Attorney (EPA)Remains valid even if you lose mental capacity. Ideal for long-term planning, estate management, and property portfolio administration.

When Do You Need to Lodge the POA with Landgate?

If your attorney is going to carry out tasks that affect the land title (legal ownership), such as:

• Selling or transferring ownership of a property

• Taking out or discharging a mortgage

• Registering a long-term lease on the title

Then, the POA must be lodged with Landgate—WA’s land titles office. Ideally, this should happen within three months of signing to avoid delays or added paperwork.

When Lodgement Is Not Required

For everyday property management tasks that do not affect the land title, lodging the POA is not necessary. These tasks may include:

• Leasing out a property

• Collecting rent

• Coordinating maintenance or inspections

• Handling tenant communication

• Managing routine expenses

In these cases, your attorney can act with the signed POA document as internal authorisation.

The 3-Month Rule

If you delay lodging your Power of Attorney with Landgate beyond three months, you may be required to provide a statutory declaration confirming the POA hasn’t been revoked. This can slow down settlements, marketing launches, or refinancing—so it’s important to act quickly.

Key Takeaways

• A Power of Attorney is highly useful for property sales and real estate management in WA

• Lodge the POA with Landgate if your attorney will be dealing with the property title

• You do not need to lodge the POA for regular property management or rental tasks

• Ensure the POA is signed and witnessed correctly to be valid in WA

• Lodge it within three months to keep the process smooth and compliant

  
  

Need Help Navigating Property Management or Sales?

I’m Alicia, the owner and licensee of Thryve Property, a boutique real estate agency specialising in hands-on property management and personalised sales services across the Peel and South Metro areas.

With over 15 years of experience in the WA property market, I can help ensure your property transactions run smoothly—whether you're actively involved or need someone to act on your behalf.

Contact Alicia

📧 alicia@thryveproperty.com.au

📱 0488 779 146

🌐 www.thryveproperty.com.au

#ThryveProperty

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