Check whether an enduring power has the witness certificate and the attorney's acceptance
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the instrument, record whether clause 2 or words to the same effect are present, whether the certificate under section 19 is signed by the prescribed witness, and whether each attorney has signed an acceptance, with the date. Do not say the power is enduring or that an attorney has authority.
- What the lawyer must review
- The lawyer decides whether the power operates as an enduring power. The Registrar General's guidelines say an enduring power includes clause 2 or wording with similar effect, that the certificate under section 19 of the Powers of Attorney Act 2003 must be completed and signed by the prescribed witness, and that the acceptance must be signed by the attorney. Authority is given only when the attorney has accepted by signing. The guidelines say the power is not enduring if the certificate has not been completed and signed and the acceptance has not been signed. Where more than one attorney is appointed jointly and severally, or severally, the guidelines say the power may be accepted for registration when only one attorney has signed, with a notation of how many have accepted. Alterations to the certificate are not acceptable.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Look at the instrument for the section 19 certificate and the acceptance. Do not accept a covering letter that says they were signed.
- If more than one attorney is named, record who has signed. Do not treat a joint and several appointment as accepted by an attorney who has not signed.
- Flag any alteration to the certificate. The guidelines say registration cannot be insisted upon if the certificate is altered.
- This checklist is the New South Wales prescribed form. Do not use it for an interstate power. Use the recognition task.
Sources
- NSW Land Registry Services, Registrar General's Guidelines, Power of attorney after 16 February 2004 · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.