Record which attorneys have accepted an enduring power
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- For each named attorney, including a substitute, record whether that person has signed the instrument, and the date of the signature if the instrument shows one. Record whether the signature is on the day the instrument was executed or on a later day. Do not treat a witness signature as an attorney's acceptance. Leave blank whether any authority has arisen.
- What the lawyer must review
- The lawyer applies section 20 of the Powers of Attorney Act 2003 (NSW). An enduring power of attorney does not confer any authority on an attorney until that attorney has accepted the appointment by signing the instrument. If more than one attorney is appointed, authority is conferred only on those who have accepted. Acceptance may be when the instrument is executed or at any time after. The section extends to substitute attorneys. This task is about whose acceptance gives authority. It is not the check of whether a witness certificate was completed.
- 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
- Do not treat one attorney's signature as acceptance by the others.
- Include substitute attorneys. The section extends to them.
- Do not count a witness's signature as acceptance.
- Do not decide that authority has arisen.
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.