Record whether a copy of a power carries a complete certificate
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the copy the lawyer supplies, record whether it has an endorsed written certificate that it is a true and complete copy of the instrument, whether the certificate is given by the principal or by a person the lawyer has marked as prescribed, and whether each page bears the signature of the person who gives the certificate. Leave a point blank if the copy does not show it. Record that a legible certified copy is evidence as against the principal of the execution and contents, and as against any other person of the contents, and that it is not better evidence than the instrument. Do not prepare a certificate. Do not say the copy proves the power.
- What the lawyer must review
- The lawyer decides whether the copy meets section 44 of the Powers of Attorney Act 2003 (NSW) and whether to rely on it. Subsection (1) defines a certified copy. The class of persons prescribed by the regulations was not opened, so a certifier is recorded only where the lawyer has marked that person as prescribed. Subsection (2) states the evidentiary effect of a legible certified copy. Subsection (3) says it is not better evidence than the instrument. Subsection (4) says other methods of proof are not affected. Subsection (5) says a person must not give a certificate for the purposes of the section knowing it to be false. The maximum penalty stated on the page is 5 years imprisonment. No other penalty is stated. The tool does not prepare the certificate and 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
- Do not prepare or sign a certificate.
- Do not treat a person as a prescribed certifier unless the lawyer has marked that person.
- Do not say the copy is better evidence than the instrument.
- Do not decide that a certificate was falsely given.
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.