Precedents: Elder Law & Powers of Attorney / Guardianship
6 starting-point precedents for this area. Each one names the law it rests on and says how far AI may help.
- Precedents in this area
- 6
- Full text
- For signed-in accounts
- Newest law stated as at
- 17 October 2026
- Guidance for this area
- Tasks and AI use in Elder Law & Powers of Attorney / Guardianship
| Precedent | Kind | Where it applies | AI use | Law stated as at |
|---|---|---|---|---|
| Enduring power of attorney (NSW prescribed form): execution guide and plain-language guidance note for attorneysExecution guide for a NSW enduring power of attorney (prescribed witness, witness certificate, attorney acceptance, gifts and benefits, land registration, audio visual witnessing) and an original plain-language guidance note to give attorneys. | Form | New South Wales, Victoria, Queensland, New Zealand, United Kingdom (England and Wales) | Yellow | 17 October 2026 |
| Appointment of enduring guardian (NSW, Form 1 under the Guardianship Regulation 2026): execution guideGuide to appointing an enduring guardian in NSW: who can be appointed, functions and directions, eligible witnesses (as prescribed from 1 September 2026), the witness certificate, acceptance, revocation, and when the appointment operates. | Form | New South Wales | Yellow | 17 October 2026 |
| Letter to a medical practitioner requesting a capacity assessment for a specific decisionLetter asking a GP or specialist to assess a client's capacity for a specific legal decision (will, enduring power of attorney, enduring guardian, sale or gift), stating the correct legal test and asking targeted questions rather than for a general opinion. | Letter | Australia, New South Wales | Yellow | 17 October 2026 |
| Family accommodation (granny flat) agreement with independent advice certificatesWritten family accommodation agreement giving an older person a right to occupy for life in exchange for a transfer or payment, with care, cost-sharing, exit and repayment terms, designed to meet the CGT exemption conditions and reduce elder financial abuse risk. | Agreement | Australia, Commonwealth, New South Wales | Yellow | 17 October 2026 |
| Elder financial abuse and AI-enabled scam red flags checklist (voice clones, deepfakes, impersonation)Checklist for staff and lawyers to recognise elder financial abuse (including misuse of an enduring power of attorney) and AI-enabled scams that impersonate family members, banks or the firm, with verification steps and escalation and reporting paths. | Checklist | Australia, New South Wales, Commonwealth | Yellow | 17 October 2026 |
| Protocol: verifying remote or digital instructions from older clients (identity, capacity, independence and deepfake risk)Step-by-step protocol for taking and acting on instructions from older clients by phone, video or email, with call-back, independence and liveness checks, rules for audio visual witnessing, and the AML/CTF identity steps that apply from 1 July 2026. | Checklist | Australia, New South Wales | Red | 17 October 2026 |
AI use levels: Green means AI can do most of the drafting and a lawyer reviews it. Yellow means AI helps in set ways and a lawyer checks specific points. Red means a lawyer does the work and AI stays out of the decisive steps.