Record whether a vacancy ends the power or only one attorney's office

Key facts

Human involvement
YellowClose supervision
How AI is used
From the instrument, copy the words that say the attorneys act jointly, severally, or jointly and severally. Record which vacancy event the file shows, using only this list: the appointment is revoked; the attorney renounces the power; the attorney dies; the attorney becomes bankrupt; a corporate attorney is dissolved; the attorney, by physical or mental incapacity, ceases to have the capacity to continue; or a circumstance the lawyer says the regulations prescribe. If the appointment is joint, record whether the instrument provides otherwise and whether at least one attorney or a substitute remains in office. Do not say the power has ended.
What the lawyer must review
The lawyer applies sections 5 and 46 of the Powers of Attorney Act 2003 (NSW). Section 5 lists when there is a vacancy in the office of an attorney. If two or more persons are joint attorneys, a vacancy in one or more offices terminates the power, unless the instrument provides otherwise and at least one attorney or a substitute remains. If they are appointed severally, or jointly and severally, a vacancy does not terminate the power in relation to the others. The regulations that may prescribe further vacancy events were not opened. The tool does not decide that a vacancy has occurred.
Written for / version
US

Open a jurisdiction version of this task to see which instruments apply: US

Who does what

Who does what
RoleWhat they do
AssistanceFrom the instrument, copy the words that say the attorneys act jointly, severally, or jointly and severally. Record which vacancy event the file shows, using only this list: the appointment is revoked; the attorney renounces the power; the attorney dies; the attorney becomes bankrupt; a corporate attorney is dissolved; the attorney, by physical or mental incapacity, ceases to have the capacity to continue; or a circumstance the lawyer says the regulations prescribe. If the appointment is joint, record whether the instrument provides otherwise and whether at least one attorney or a substitute remains in office. Do not say the power has ended.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Keep a joint appointment apart from a several or joint-and-several appointment.
  2. For a joint appointment, record both parts of the exception before anyone treats the power as ended.
  3. Do not add a vacancy event that section 5 does not list, unless the lawyer has identified a regulation.
  4. Do not decide that the power has terminated.

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.

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