---
title: "Quote any gift or benefit clause in a power of attorney"
url: "https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/decide-whether-an-attorney-may-make-a-gift-or-take-a-benefit/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A18-FL20261022-2-US"
practice_area: "Elder Law & Powers of Attorney / Guardianship"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Quote any gift or benefit clause in a power of attorney

> 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.

Canonical page: https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/decide-whether-an-attorney-may-make-a-gift-or-take-a-benefit/united-states  
Last reviewed: 2026-10-22

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Elder Law & Powers of Attorney / Guardianship](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Decide whether an attorney may make a gift or take a benefit](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/decide-whether-an-attorney-may-make-a-gift-or-take-a-benefit.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Silence in the instrument is recorded as silence. It is not filled with a statutory gift power.
- Do not draft a gift ratification.

## Sources

- [ABA Model Rule 1.4, Communications](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_4_communications/) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)
- [ABA Model Rule 1.6, Confidentiality of Information](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/) (checked 2026-10-22)

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