---
title: "Record the prohibition on acting once an attorney knows the power has ended"
url: "https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/record-the-prohibition-on-acting-once-an-attorney-knows-the-power-has-en"
type: "task"
site: "AI Law Framework"
id: "A18-FL20261022-20"
practice_area: "Elder Law & Powers of Attorney / Guardianship"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Record the prohibition on acting once an attorney knows the power has ended

> 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.…

Canonical page: https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/record-the-prohibition-on-acting-once-an-attorney-knows-the-power-has-en  
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 | 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 / 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: 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 does: 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.
- 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. Leave knowledge blank. Do not infer it.
2. Keep termination and suspension as separate prohibitions.
3. Do not say an offence was committed.
4. Do not treat this section as a protection for the attorney or for a third party.

## 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 49, attorney acting with knowledge of termination or suspension](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/poaa2003240/s49.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/record-the-prohibition-on-acting-once-an-attorney-knows-the-power-has-en/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.*