Record that an attorney may sign in the attorney's own name
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- For the document the lawyer has marked as within the exercise of the power, record the two ways section 43(1) allows the attorney to act: execute an assurance or instrument with the attorney's own signature and, where sealing is required, the attorney's own seal; or do any other thing in the attorney's own name. Record that subsection (2) says an assurance, instrument or thing done that way is as effectual as if done with the principal's signature and seal or in the principal's name. Do not prepare the assurance or the instrument.
- What the lawyer must review
- The lawyer decides whether the act is in the exercise of the power and how the document should be signed. Section 43 of the Powers of Attorney Act 2003 (NSW) states the two ways an attorney may act, and the effect of acting in one of those ways. It does not decide that a particular document is within the power. The definitions of assurance, instrument and exercise were not opened. The tool does not draw the document.
- 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
- Do not prepare the assurance, instrument or other document.
- Do not say the act is within the power unless the lawyer has marked it as an exercise of the power.
- Where sealing is not required, do not add a seal.
- Do not define assurance or instrument. Those definitions were not opened.
Sources
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.