---
title: "Check whether an enduring power has the witness certificate and the attorney's acceptance"
url: "https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/check-whether-an-enduring-power-has-the-witness-certificate-and-the-atto"
type: "task"
site: "AI Law Framework"
id: "A18-FL20261022-6"
practice_area: "Elder Law & Powers of Attorney / Guardianship"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check whether an enduring power has the witness certificate and the attorney's acceptance

> 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,…

Canonical page: https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/check-whether-an-enduring-power-has-the-witness-certificate-and-the-atto  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Elder Law & Powers of Attorney / Guardianship](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Look at the instrument for the section 19 certificate and the acceptance. Do not accept a covering letter that says they were signed.
2. 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.
3. Flag any alteration to the certificate. The guidelines say registration cannot be insisted upon if the certificate is altered.
4. This checklist is the New South Wales prescribed form. Do not use it for an interstate power. Use the recognition task.

## Notes

- 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.

## Sources

- [NSW Land Registry Services, Registrar General's Guidelines, Power of attorney after 16 February 2004](https://rg-guidelines.nswlrs.com.au/deeds/documents_lodged/power_of_attorney/power_attorney_after) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/check-whether-an-enduring-power-has-the-witness-certificate-and-the-atto/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*