---
title: "Record that an attorney may sign in the attorney's own name"
url: "https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/record-that-an-attorney-may-sign-in-the-attorney-s-own-name"
type: "task"
site: "AI Law Framework"
id: "A18-FL20261022-16"
practice_area: "Elder Law & Powers of Attorney / Guardianship"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Record that an attorney may sign in the attorney's own name

> 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…

Canonical page: https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/record-that-an-attorney-may-sign-in-the-attorney-s-own-name  
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 | 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 / 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: 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 does: 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.
- 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. Do not prepare the assurance, instrument or other document.
2. Do not say the act is within the power unless the lawyer has marked it as an exercise of the power.
3. Where sealing is not required, do not add a seal.
4. Do not define assurance or instrument. Those definitions were 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 43, attorney may execute instruments in own name](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/poaa2003240/s43.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/record-that-an-attorney-may-sign-in-the-attorney-s-own-name/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.*