---
title: "Record whether a copy of a power carries a complete certificate"
url: "https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/record-whether-a-copy-of-a-power-carries-a-complete-certificate"
type: "task"
site: "AI Law Framework"
id: "A18-FL20261022-18"
practice_area: "Elder Law & Powers of Attorney / Guardianship"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Record whether a copy of a power carries a complete certificate

> 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…

Canonical page: https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/record-whether-a-copy-of-a-power-carries-a-complete-certificate  
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 | 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 / 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: 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 does: 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.
- 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. Do not prepare or sign a certificate.
2. Do not treat a person as a prescribed certifier unless the lawyer has marked that person.
3. Do not say the copy is better evidence than the instrument.
4. Do not decide that a certificate was falsely given.

## 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 44, proof of powers of attorney](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/poaa2003240/s44.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/record-whether-a-copy-of-a-power-carries-a-complete-certificate/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.*