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
| Role | What they do |
|---|---|
| Assistance | 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. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Keep a joint appointment apart from a several or joint-and-several appointment.
- For a joint appointment, record both parts of the exception before anyone treats the power as ended.
- Do not add a vacancy event that section 5 does not list, unless the lawyer has identified a regulation.
- Do not decide that the power has terminated.
Sources
- Powers of Attorney Act 2003 (NSW) s 5, vacancy in the office of attorney · 2026-10-22
- Powers of Attorney Act 2003 (NSW) s 46, vacation of office of joint and several attorneys · 2026-10-22
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.