---
title: "Record whether a vacancy ends the power or only one attorney's office"
url: "https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/record-whether-a-vacancy-ends-the-power-or-only-one-attorney-s-office"
type: "task"
site: "AI Law Framework"
id: "A18-FL20261022-10"
practice_area: "Elder Law & Powers of Attorney / Guardianship"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

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

> 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;…

Canonical page: https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/record-whether-a-vacancy-ends-the-power-or-only-one-attorney-s-office  
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 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 / 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 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 does: 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.
- 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. 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.

## 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 5, vacancy in the office of attorney](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/poaa2003240/s5.html) (checked 2026-10-22)
- [Powers of Attorney Act 2003 (NSW) s 46, vacation of office of joint and several attorneys](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/poaa2003240/s46.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-vacancy-ends-the-power-or-only-one-attorney-s-office/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.*