Record the date of the power and any capacity note, without an effect
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Record the date of the instrument and quote any sentence in the file about the principal's understanding on that date. Do not state the legal effect of later incapacity or of incapacity on that date.
- What the lawyer must review
- You state the effect only after you open the state statute. No capacity statute for powers of attorney was opened. 42 CFR § 489.102 is about advance-directive information at listed providers. It is not a test of capacity to sign a power, and it does not say what happens if capacity was lacking. Model Rule 1.1 is your duty to open the right statute. Model Rule 3.3(a)(1) forbids a knowing false statement of law if you later tell a court the effect. A medical note is quoted. It is not rewritten as a finding.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its 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
- Confirm instructions and personal circumstances through appropriate direct engagement. Have the responsible lawyer assess safety, capacity or vulnerability concerns and escalation.
- 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.