Record whether the instrument lets an attorney appoint a delegate
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the instrument the lawyer has marked, copy any words that expressly provide for the attorney to appoint a substitute, a delegate or a sub-attorney, and any words that expressly provide for an irrevocable appointment. If no such words are marked, record that an attorney cannot appoint a substitute, delegate or sub-attorney, and cannot irrevocably appoint one. Do not decide that a clause is an express provision. Do not prepare an appointment.
- What the lawyer must review
- The lawyer decides whether the instrument expressly provides for the appointment. Section 45(1) of the Powers of Attorney Act 2003 (NSW) says an attorney cannot appoint a substitute, delegate or sub-attorney unless the instrument creating the power expressly provides for the attorney to do so. Subsection (2) says nothing in the section enables an attorney irrevocably to appoint a substitute, delegate or sub-attorney unless the instrument expressly provides for that. This is not the question of when a substitute already named in the power is allowed to act. That is a separate task. The tool does not draw the appointment.
- 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
- Quote only words the lawyer has marked. Do not treat a general authority as an express power to appoint.
- Keep the irrevocable-appointment limit separate.
- Do not prepare the appointment.
- Do not use this note as the rule for when a named substitute may act.
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.