Quote any gift or benefit clause in a power of attorney
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Quote any clause that mentions a gift, a benefit, or a transfer to the attorney or to another person. If the instrument has no such clause, say that, and do not add one. Do not say a gift is permitted.
- What the lawyer must review
- You decide whether an act is a gift the power allows. No state statute on gifts by an attorney-in-fact was opened. The only authority this check uses is the clause in the instrument, and it does not interpret that clause as permission. Model Rule 1.4(b) requires an explanation before anyone relies on it. Model Rule 1.7 was not opened. A conflict between the attorney and the principal is for you to assess under the rule you open. Formal Opinion 512 requires you to verify the quote.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.