---
title: "Record an attorney's reliance on a power the attorney did not know had ended"
url: "https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/record-an-attorney-s-reliance-on-a-power-the-attorney-did-not-know-had-e"
type: "task"
site: "AI Law Framework"
id: "A18-FL20261022-13"
practice_area: "Elder Law & Powers of Attorney / Guardianship"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Record an attorney's reliance on a power the attorney did not know had ended

> 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…

Canonical page: https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/record-an-attorney-s-reliance-on-a-power-the-attorney-did-not-know-had-e  
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 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 / 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 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 does: 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.
- 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. Record only what the papers say about knowledge. Do not infer it.
2. Do not decide that the power was terminated or suspended.
3. Do not apply this section to a third party's dealing. That is a separate section.
4. Do not define suspended or attorney from section 3. That section was not opened.

## 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

- [Powers of Attorney Act 2003 (NSW) s 47, attorney's reliance if unaware of termination or suspension](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/poaa2003240/s47.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/record-an-attorney-s-reliance-on-a-power-the-attorney-did-not-know-had-e/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.*