---
title: "List enclosures for a capacity referral to a clinician"
url: "https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/prepare-the-capacity-assessment-referral-to-the-treating-doctor-or-speci/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A18-X20260927-2-US"
practice_area: "Elder Law & Powers of Attorney / Guardianship"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List enclosures for a capacity referral to a clinician

> List the documents the lawyer marks to enclose, and the question the lawyer has written for the clinician. Do not write the referral and do not state a capacity conclusion.

Canonical page: https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/prepare-the-capacity-assessment-referral-to-the-treating-doctor-or-speci/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 documents the lawyer marks to enclose, and the question the lawyer has written for the clinician. Do not write the referral and do not state a capacity conclusion. |
| What the lawyer must review | You write the referral. No capacity test was opened. 45 CFR § 164.502 limits use and disclosure of protected health information by a covered entity or a business associate. You decide whether sending the enclosures is permitted. Model Rule 1.4(b) governs what you tell the client about the referral. Formal Opinion 512 applies if the records are put into a tool to make the list. The list is not a medical opinion. |
| Written for | United States |
| Applies to | [Prepare the capacity-assessment referral to the treating doctor or specialist](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/prepare-the-capacity-assessment-referral-to-the-treating-doctor-or-speci.md) |

## Checking plan

- What the AI does: List the documents the lawyer marks to enclose, and the question the lawyer has written for the clinician. Do not write the referral and do not state a capacity conclusion.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not ask the clinician a capacity question you have not written.
- A referral is not an advance directive. 42 CFR § 489.102 was not the source for this letter.

## Sources

- [45 CFR § 164.502 (uses and disclosures of protected health information)](https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-E/section-164.502) (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.*