Checklist · Elder Law & Powers of Attorney / Guardianship
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.
- Kind
- Checklist. Steps or checks to work through and tick off.
- Where it applies
- Australia, New South Wales, Commonwealth
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 17 October 2026
- Status
- Maintained. Checked against the cited sources on 17 October 2026.
- Version
- 1
- Source
- Written for this library
When to use it
Use in any matter with an older client, and train reception, accounts and conveyancing staff on Part B. Use the escalation steps whenever a red flag appears. It does not replace the lawyer's judgment on whether to report or act.
How AI may be used
AI-specific: helps staff recognise synthetic voice or video impersonation and other red flags. AI tools may assist with transaction pattern analysis from records the lawyer has selected, but escalation, reporting and any decision to act are the lawyer's.
AI may
- Index bank and ledger records the lawyer has selected into a dated transaction schedule with sources
- Flag transactions inconsistent with the enduring power's authority or gift limits, for the lawyer
AI must not
- Must not be used to authenticate a caller, a video or a payment instruction
- Must not decide whether abuse has occurred or whether to report
- Must not process the client's financial or health records in an unapproved tool
The lawyer checks
- Verification by a trusted channel before acting on any changed instruction
- Client's wishes and confidentiality considered before reporting
- Escalation recorded, with the reasons for the decision
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
More in Elder Law & Powers of Attorney / Guardianship
- Enduring power of attorney (NSW prescribed form): execution guide and plain-language guidance note for attorneys
- Appointment of enduring guardian (NSW, Form 1 under the Guardianship Regulation 2026): execution guide
- Letter to a medical practitioner requesting a capacity assessment for a specific decision
- Family accommodation (granny flat) agreement with independent advice certificates
- Protocol: verifying remote or digital instructions from older clients (identity, capacity, independence and deepfake risk)
All precedents for Elder Law & Powers of Attorney / Guardianship · Tasks and AI use in this area