---
title: "Prepare a health-care advance directive from the client's instructions"
url: "https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/draft-an-enduring-personal-health-decision-making-appointment/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A18-T1-R2-US"
practice_area: "Elder Law & Powers of Attorney / Guardianship"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Prepare a health-care advance directive from the client's instructions

> List the health-care agent, any alternate, and the treatment instructions the client stated. Write no clause of the directive and no provider form.

Canonical page: https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/draft-an-enduring-personal-health-decision-making-appointment/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 health-care agent, any alternate, and the treatment instructions the client stated. Write no clause of the directive and no provider form. |
| What the lawyer must review | The directive is a state instrument. 42 CFR § 489.102 requires listed providers to inform individuals of their rights under state law to accept or refuse treatment and to formulate advance directives, and to comply with state law on advance directives. A provider that cannot implement a directive as a matter of conscience must follow the limits in that section. You use the state form and you confirm the client understands who will speak. Do not treat a hospital's information sheet as the directive. |
| Written for | United States |
| Applies to | [Draft an enduring personal/health decision-making appointment](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/draft-an-enduring-personal-health-decision-making-appointment.md) |

## Checking plan

- What the AI does: List the health-care agent, any alternate, and the treatment instructions the client stated. Write no clause of the directive and no provider form.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Section 489.102 does not create a national advance-directive form.
- If the papers include protected health information, 45 CFR § 164.502 limits use and disclosure.

## Sources

- [42 CFR § 489.102 (advance-directive requirements for providers)](https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-G/part-489/subpart-I/section-489.102) (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)
- [HHS: HIPAA covered entities and business associates](https://www.hhs.gov/hipaa/for-professionals/covered-entities/index.html) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Enduring power of attorney (ACT approved form AF2017-45): completion guide](https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/form-act-enduring-power-of-attorney.md) | Form | Yellow | Link to approved form AF2017-45, the enduring power of attorney under the Powers of Attorney Act 2006 (ACT), section 96. Notified on 6 February 2017 and effective on 8 March 2017.… |
| [Enduring guardianship instrument (Tasmania): appointing and registering an enduring guardian with TASCAT](https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/form-tas-enduring-guardian.md) | Form | Yellow | Link to the Office of the Public Guardian Tasmania's enduring guardianship page, with a guide to the lifestyle decisions covered, limits and conditions, joint and alternative guardians, registration… |
| [Enduring power of attorney (Victoria, Powers of Attorney Act 2014): forms, witnessing and completion guide](https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/form-vic-enduring-power-of-attorney.md) | Form | Yellow | Link to the Victorian fillable enduring power of attorney forms and the Office of the Public Advocate guide, with the rules on capacity, personal and financial matters, multiple attorneys, the… |
| [Enduring power of guardianship (Western Australia): the OPA kit, what the guardian can decide, capacity and no registration](https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/form-wa-enduring-power-of-guardianship.md) | Form | Yellow | Link to the WA Office of the Public Advocate's enduring power of guardianship page and kit, with a guide to who can make one and be appointed, the personal, lifestyle and treatment decisions… |
| [Enduring power of attorney (Queensland, short form and long form): choosing the form, attorney eligibility and witnessing](https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/form-qld-enduring-power-of-attorney.md) | Form | Yellow | Link to the Queensland Government's guide to making an enduring power of attorney, with the short and long forms, attorney eligibility, multiple attorneys, the eligible witnesses and what they… |
| [Appointment of a medical treatment decision maker (Victoria): long and short forms, capacity and witnessing](https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/form-vic-medical-treatment-decision-maker.md) | Form | Yellow | Link to the Office of the Public Advocate's guide and the Department of Health forms for appointing a medical treatment decision maker, with a guide to capacity, appointing more than one person, the… |
| [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.*