Record an attorney's reliance on a power the attorney did not know had ended
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the papers the lawyer marks, record whether they say the power was terminated or suspended, whether they say the attorney did an act within the scope of the power, and whether they say the attorney knew of the termination or suspension at the time. Leave each of those three points blank if the papers do not state it. Do not decide that the attorney knew, and do not decide that the power had ended.
- What the lawyer must review
- The lawyer decides knowledge and whether the attorney can rely on the power. Section 47 of the Powers of Attorney Act 2003 (NSW) says that if a power of attorney is terminated or suspended, an attorney who does an act that would have been within the scope of the power, without knowing of the termination or suspension, is entitled to rely on the power in relation to that act in the same manner and to the same extent as if the power had not been terminated or suspended. The section does not define terminated, suspended or attorney. A separate task deals with a third party's reliance. This task is the attorney's own reliance only.
- 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
- Record only what the papers say about knowledge. Do not infer it.
- Do not decide that the power was terminated or suspended.
- Do not apply this section to a third party's dealing. That is a separate section.
- Do not define suspended or attorney from section 3. That section was not opened.
Sources
- Powers of Attorney Act 2003 (NSW) s 47, attorney's reliance if unaware of termination or suspension · 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.