---
title: "Record whether the instrument lets an attorney appoint a delegate"
url: "https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/record-whether-the-instrument-lets-an-attorney-appoint-a-delegate"
type: "task"
site: "AI Law Framework"
id: "A18-FL20261022-19"
practice_area: "Elder Law & Powers of Attorney / Guardianship"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Record whether the instrument lets an attorney appoint a delegate

> 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…

Canonical page: https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/record-whether-the-instrument-lets-an-attorney-appoint-a-delegate  
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 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 / 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 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 does: 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.
- 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. Quote only words the lawyer has marked. Do not treat a general authority as an express power to appoint.
2. Keep the irrevocable-appointment limit separate.
3. Do not prepare the appointment.
4. Do not use this note as the rule for when a named substitute may act.

## 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 45, delegation of a power of attorney](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/poaa2003240/s45.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/record-whether-the-instrument-lets-an-attorney-appoint-a-delegate/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.*