List any advance directive before naming who may consent to treatment
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List any advance directive, proxy, or power in the file that mentions health care, with its date and the agent it names. Do not say that agent may consent.
- What the lawyer must review
- You decide who may consent. 42 CFR § 489.102 requires listed providers to maintain written policies on advance directives for adults in their care and to give written information on state-law rights to accept or refuse treatment and to formulate advance directives, and to ensure compliance with state-law requirements regarding advance directives. It does not rank family members, and it does not say an agent under a financial power may consent to treatment. No state substitute-decision statute was opened. Model Rule 1.4(b) is the explanation you give. The provider list in § 489.102 is for those providers. You do not treat it as a consent hierarchy.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and 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
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- 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.