---
title: "Prepare an advance directive from the client's instructions"
url: "https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/draft-an-advance-care-directive-from-the-instructions/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A18-T1-R3-US"
practice_area: "Elder Law & Powers of Attorney / Guardianship"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Prepare an advance directive from the client's instructions

> List the treatments, the agent, and the limits the lawyer has written down from the client. Do not write the directive.

Canonical page: https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/draft-an-advance-care-directive-from-the-instructions/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 | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | List the treatments, the agent, and the limits the lawyer has written down from the client. Do not write the directive. |
| What the lawyer must review | You write the directive. 42 CFR § 489.102(a) requires hospitals, critical access hospitals, rural emergency hospitals, skilled nursing facilities, nursing facilities, home health agencies, providers of home health care, hospices, and religious nonmedical health care institutions to keep written policies on advance directives for adult individuals in their care, and to give written information about the individual's rights under state law to make decisions about medical care, including the right to accept or refuse treatment and the right to formulate advance directives. The section is not a national form and it does not set witnessing. The Uniform Law Commission page is a model power-of-attorney act, not an advance-directive statute. You use the state form that applies. |
| Written for | United States |
| Applies to | [Draft an advance care directive from the instructions](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/draft-an-advance-care-directive-from-the-instructions.md) |

## Checking plan

- What the AI does: List the treatments, the agent, and the limits the lawyer has written down from the client. Do not write the directive.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not copy a directive from § 489.102. The section requires information about state law. It does not supply the document.
- Personal-care providers are named for Medicaid purposes. Read that limit before treating every caregiver as covered.

## Sources

- [42 CFR § 489.102 (provider advance-directive requirements)](https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-G/part-489/subpart-I/section-489.102) (checked 2026-10-22)
- [Uniform Law Commission: Power of Attorney Act](https://www.uniformlaws.org/committees/community-home?CommunityKey=b1975254-8370-4a7c-947f-e5af0d6cb07c) (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)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Health direction (ACT approved form AF2017-46): completion guide](https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/form-act-health-direction.md) | Form | Yellow | Link to approved form AF2017-46, the health direction under the Medical Treatment (Health Directions) Act 2006 (ACT), section 21. Notified on 6 February 2017 and effective on 8 March 2017.… |
| [Statement of Choices (ACT advance care planning): completion guide](https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/form-act-statement-of-choices.md) | Form | Yellow | Link to the ACT Statement of Choices form for a competent adult, on the advance care planning page. The page gives no approved-form number. The booklet includes the form. The PDF was not opened.… |
| [Advance Personal Plan (Northern Territory): completion guide](https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/form-nt-advance-personal-plan.md) | Form | Yellow | Link to the Northern Territory Advance Personal Plan form. The page gives no form number.… |

Signed-in accounts can read the full text of each one.

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