Record when a substitute attorney is allowed to act
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Copy the words that appoint a substitute, the name of the specified attorney the substitute stands in for, and any kind of vacancy the instrument itself specifies. Record whether the appointment is expressly included in the instrument. If the lawyer has already marked a vacancy in the specified attorney's office, copy that mark. Do not decide that a vacancy exists, and do not say the substitute may now act.
- What the lawyer must review
- The lawyer applies section 45A of the Powers of Attorney Act 2003 (NSW). A principal may appoint one or more substitute attorneys for a specified attorney, by expressly including the appointment in the instrument. A substitute may act during a vacancy in the office of the specified attorney, or a vacancy of a kind the instrument specifies. Whether there is a vacancy is decided under section 5, which is a separate task. The tool does not appoint a substitute and does not decide that one may act.
- 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
- Require the appointment to be express in the instrument. Do not infer a substitute from a family relationship.
- Tie the substitute to the specified attorney named in the instrument.
- Do not decide that a vacancy has arisen.
- Do not say the substitute is authorised to act.
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.