---
title: "Letter of advice to a newly appointed attorney: duties, limits, gifts and record-keeping (NSW)"
url: "https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/letter-of-advice-to-attorney-duties-and-records"
type: "precedent"
site: "AI Law Framework"
id: "a18-letter-of-advice-to-attorney-duties-and-records"
area_id: "A18"
kind: "letter"
ai_level: "yellow"
version: 1
task_ids: ["A18-T1-R8", "A18-A20260923-3"]
law_stated_as_at: "2026-10-18"
---

# Letter of advice to a newly appointed attorney: duties, limits, gifts and record-keeping (NSW)

> A plain-language letter to a person who has accepted appointment as attorney under an enduring power of attorney: when the power operates, acting in the principal's best interests, the limits on gifts and benefits,…

Canonical page: https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/letter-of-advice-to-attorney-duties-and-records  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

A plain-language letter to a person who has accepted appointment as attorney under an enduring power of attorney: when the power operates, acting in the principal's best interests, the limits on gifts and benefits, keeping money separate, records, termination and where to get help.

## Key facts

- Kind: Letter. A letter or email you adapt and send.
- Practice area: [Elder Law & Powers of Attorney / Guardianship](https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship.md)
- Jurisdictions: New South Wales
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the 5 authorities it cites, for New South Wales.

## When to use it

Use when an attorney signs their acceptance of an enduring power of attorney, or when an attorney starts acting after the principal loses capacity. Tailor it to the actual instrument, including any conditions, limits or authority to give gifts or benefits. For a guardian's personal and health decisions, use a separate letter.

## Used for these tasks

- [Draft a plain-language explanation of the signed instrument for the client](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship.md#A18-T1-R8)
- [Draft attorney or guardian reporting accounts from the financial records](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship.md#A18-A20260923-3)

## How AI may be used

AI may tailor the letter from the signed instrument and simplify the language; a lawyer checks that every statement about the attorney's authority matches the instrument, especially gifts, benefits and conditions.

**AI may:**

- Extract the appointment type (joint, several, joint and several), commencement, conditions and any gift or benefit authority from the instrument
- Rewrite paragraphs in plain language at the reading level the client needs
- Prepare the record-keeping table for the attorney to use

**AI must not:**

- Must not state that the attorney may make gifts, pay themselves or benefit others unless the instrument expressly says so
- Must not advise on a specific transaction the attorney proposes, such as selling the home or lending money
- Must not include the principal's financial details beyond what the letter needs

**The lawyer checks:**

- Commencement, conditions and limits described exactly as in the instrument
- Gift and benefit authority (ss 11 to 13 and Schedule 3) stated correctly for this instrument
- Joint or several appointment and substitute attorneys explained correctly
- The attorney has been told to seek advice before any large, unusual or self-interested transaction

## Authorities

- [Powers of Attorney Act 2003 (NSW) s 20 (enduring power confers no authority until the attorney accepts by signing)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2003-053)
- [Powers of Attorney Act 2003 (NSW) ss 11, 12, 13 (no authority to give gifts, or confer benefits on the attorney or third parties, unless expressly authorised; Schedule 3 expressions)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2003-053)
- [Powers of Attorney Act 2003 (NSW) ss 49, 50 (offence to act knowing of termination or suspension; suspension while the estate is managed)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2003-053)
- [Powers of Attorney Act 2003 (NSW) Part 5 Division 4 (review of enduring powers by the Civil and Administrative Tribunal or the Supreme Court)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2003-053)
- [NSW Government, Enduring Power of Attorney (attorney to act in the principal's best interests, keep accurate records and keep finances separate)](https://www.nsw.gov.au/family-and-relationships/planning-for-end-of-life/make-power-of-attorney)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/letter-of-advice-to-attorney-duties-and-records and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*