---
title: "Map a long-term care restraint against the facility rule"
url: "https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/map-substitute-decision-making-for-restrictive-practices-in-aged-or-long/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A18-T1-R11-US"
practice_area: "Elder Law & Powers of Attorney / Guardianship"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Map a long-term care restraint against the facility rule

> From the chart the lawyer marks, list the restraint, the stated reason, the start time, and whether the file contains a later re-evaluation. Do not decide that the restraint was lawful.

Canonical page: https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/map-substitute-decision-making-for-restrictive-practices-in-aged-or-long/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 | From the chart the lawyer marks, list the restraint, the stated reason, the start time, and whether the file contains a later re-evaluation. Do not decide that the restraint was lawful. |
| What the lawyer must review | 42 CFR § 483.12 gives a resident of a facility covered by that section the right to be free from abuse, neglect, misappropriation of property, and exploitation, including corporal punishment, involuntary seclusion, and any physical or chemical restraint not required to treat the resident's medical symptoms. The facility must not use restraints for discipline or convenience. When a restraint is indicated, the facility must use the least restrictive alternative for the least time and document ongoing re-evaluation. This is a facility duty. It is not a statute that appoints a substitute decision-maker. No state guardianship statute was opened. You decide whether the facility in the file is covered and whether the chart meets the section. Formal Opinion 512 applies to the use of a tool on the chart. |
| Written for | United States |
| Applies to | [Map substitute decision-making for restrictive practices in aged or long-term care](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/map-substitute-decision-making-for-restrictive-practices-in-aged-or-long.md) |

## Checking plan

- What the AI does: From the chart the lawyer marks, list the restraint, the stated reason, the start time, and whether the file contains a later re-evaluation. Do not decide that the restraint was lawful.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not apply § 483.12 to a setting the section does not cover. Read the facility type first.
- State law on who may consent to a restraint was not opened.

## Sources

- [42 CFR § 483.12 (freedom from abuse, neglect, and exploitation)](https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-G/part-483/subpart-B/section-483.12) (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)

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