---
title: "Prepare a durable financial power of attorney from the client's instructions"
url: "https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/draft-an-enduring-power-of-attorney-from-the-instructions/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A18-T1-R1-US"
practice_area: "Elder Law & Powers of Attorney / Guardianship"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Prepare a durable financial power of attorney from the client's instructions

> Turn the instructions into a list: principal, agent, successor, effective date, and each power the client asked for, including any gift power. Write no clause of the instrument.

Canonical page: https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/draft-an-enduring-power-of-attorney-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 | Turn the instructions into a list: principal, agent, successor, effective date, and each power the client asked for, including any gift power. Write no clause of the instrument. |
| What the lawyer must review | You write or settle the instrument against the state statute the client will sign. The Uniform Law Commission page is the model Power of Attorney Act, not the law of a state. Formal Opinion 512 and Model Rule 1.1 require you to check every power against that statute and the instructions. A gift power, a power to change beneficiaries, and the moment the power becomes effective are common places a generated clause is wrong. Rule 1.6 keeps the instructions out of a public tool. Do not add witnessing or notarisation rules you have not read in the state statute. |
| Written for | United States |
| Applies to | [Draft an enduring power of attorney (financial) from the instructions](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/draft-an-enduring-power-of-attorney-from-the-instructions.md) |

## Checking plan

- What the AI does: Turn the instructions into a list: principal, agent, successor, effective date, and each power the client asked for, including any gift power. Write no clause of the instrument.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Durability is a state statutory concept. Do not assume a power survives incapacity because a uniform act says so.
- The client signs this document. No sentence is copied across until you have adopted it.

## Sources

- [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)
- [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)

## 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 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 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… |
| [Enduring power of attorney (Western Australia): information kit, when it starts, and what it does not cover](https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/form-wa-enduring-power-of-attorney.md) | Form | Yellow | Link to the WA Government's enduring power of attorney page and information kit, with a guide to who can make one, choosing when it starts, the State Administrative Tribunal's role, its limit to… |
| [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.… |
| [Enduring power of attorney (South Australia): the Legal Services Commission kit, lodging for real estate, and revocation](https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/form-sa-enduring-power-of-attorney.md) | Form | Yellow | Link to the SA Government's guide to making an enduring power of attorney, with the Legal Services Commission kit and forms, where to get them, when the power must be lodged at Land Services SA, and… |
| [Enduring power of attorney (Tasmania, Powers of Attorney Act 2000): completing and registering the instrument](https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/form-tas-enduring-power-of-attorney.md) | Form | Yellow | Link to the Office of the Public Guardian Tasmania's enduring power of attorney page, with a guide to what it covers, the requirement to complete and register the instrument with the Land Titles… |

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.*