Record the prohibition on acting once an attorney knows the power has ended
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Record two prohibitions and leave knowledge blank. An attorney under a power that is terminated must not do any act or thing under the power if the attorney knows of the termination at the time. An attorney must not do any act or thing under the power where the authority to do that act or thing has been suspended, if the attorney knows of the suspension at the time. Do not decide that the attorney knew. Do not decide that the power had ended. Do not say that an offence was committed.
- What the lawyer must review
- The lawyer decides knowledge, termination and suspension. Section 49(1) of the Powers of Attorney Act 2003 (NSW) is the prohibition after termination. Subsection (2) is the prohibition where the authority to do the act has been suspended. The maximum penalty stated on the page for each subsection is 5 years imprisonment. No other penalty is stated. This is not the protection for an attorney who did not know, and it is not the protection for a third party. Those are separate tasks. The tool does not decide that an offence was committed.
- 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
- Leave knowledge blank. Do not infer it.
- Keep termination and suspension as separate prohibitions.
- Do not say an offence was committed.
- Do not treat this section as a protection for the attorney or for a third party.
Sources
- Powers of Attorney Act 2003 (NSW) s 49, attorney acting with knowledge 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.