---
title: "Record when a substitute attorney is allowed to act"
url: "https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/record-when-a-substitute-attorney-is-allowed-to-act"
type: "task"
site: "AI Law Framework"
id: "A18-FL20261022-11"
practice_area: "Elder Law & Powers of Attorney / Guardianship"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Record when a substitute attorney is allowed to act

> 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.…

Canonical page: https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/record-when-a-substitute-attorney-is-allowed-to-act  
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 | 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 / 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: 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 does: 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.
- 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. Require the appointment to be express in the instrument. Do not infer a substitute from a family relationship.
2. Tie the substitute to the specified attorney named in the instrument.
3. Do not decide that a vacancy has arisen.
4. Do not say the substitute is authorised to act.

## 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 45A, substitute attorneys](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/poaa2003240/s45a.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/record-when-a-substitute-attorney-is-allowed-to-act/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.*