Checklist · Elder Law & Powers of Attorney / Guardianship

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.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia, New South Wales
AI use
Red Keep AI out of the decisive steps. A lawyer does the work.
Law stated as at
17 October 2026
Status
Maintained. Checked on 17 October 2026 against the 5 authorities it cites, for Australia and New South Wales.
Version
1
Source
Written for this library

When to use it

Use whenever an older client gives instructions, signs documents or authorises payments without being physically present, and whenever instructions arrive through a third party. Prefer in-person meetings for wills and enduring instruments where capacity or influence is in doubt.

How AI may be used

Lawyer-led. AI-generated voices and video can impersonate a client, so identity, capacity and independence are verified by people using trusted channels. AI tools may only schedule calls and log the steps taken.

AI may

  • Generate the verification checklist for a matter and log the steps completed
  • Schedule call-backs and reminders in the practice management system

AI must not

  • Must not be used to verify identity, liveness or that a caller is genuine
  • Must not transcribe or record client calls without consent and an approved tool
  • Must not draft documents from instructions that have not been verified

The lawyer checks

  • Identity verified and call-back made to a known number before acting
  • Client seen alone (in person or on video) for instructions about wills, enduring instruments or significant transactions
  • AML/CTF due diligence completed where the service is a designated service

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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