---
title: "List any advance directive before naming who may consent to treatment"
url: "https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/identify-who-may-consent-to-medical-or-dental-treatment-when-the-person/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A18-FL20261022-5-US"
practice_area: "Elder Law & Powers of Attorney / Guardianship"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List any advance directive before naming who may consent to treatment

> 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.

Canonical page: https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/identify-who-may-consent-to-medical-or-dental-treatment-when-the-person/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 | 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 | United States |
| Applies to | [Identify who may consent to medical or dental treatment when the person cannot](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/identify-who-may-consent-to-medical-or-dental-treatment-when-the-person.md) |

## Checking plan

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

## Notes

- A financial power is not a health-care directive unless the instrument says so.
- Do not name a default relative. No statute ranking relatives was opened.

## Sources

- [42 CFR § 489.102 (advance directives)](https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-G/part-489/subpart-I/section-489.102) (checked 2026-10-22)
- [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)

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