---
title: "Protocol: verifying remote or digital instructions from older clients (identity, capacity, independence and deepfake risk)"
url: "https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/remote-instructions-verification-protocol"
type: "precedent"
site: "AI Law Framework"
id: "a18-remote-instructions-verification-protocol"
area_id: "A18"
kind: "checklist"
ai_level: "red"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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…

Canonical page: https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/remote-instructions-verification-protocol  
Law stated as at: 2026-10-17

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

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.

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Elder Law & Powers of Attorney / Guardianship](https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship.md)
- Jurisdictions: Australia, New South Wales
- AI level: Red. Keep AI out of the decisive steps. A lawyer does the work.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 5 authorities it cites, for Australia and New South Wales.

## 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

## Authorities

- [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 r 8.1 (only accept and follow lawful, proper and competent instructions)](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2015-0244)
- [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 rr 9, 37 (confidentiality; supervision)](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2015-0244)
- [Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (professional services designated services, including legal practitioners, from 1 July 2026)](https://www.legislation.gov.au/C2006A00169/latest/text)
- [AUSTRAC, Professional designated services (official guidance on obligations from 1 July 2026)](https://www.austrac.gov.au/new-austrac/designated-services-newly-regulated-entities/professional-designated-services)
- [Electronic Transactions Act 2000 (NSW) ss 14F, 14G (witnessing by audio visual link)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2000-008)

## 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/remote-instructions-verification-protocol 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.*