---
title: "Record the date of the power and any capacity note, without an effect"
url: "https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/record-the-effect-of-incapacity-at-the-time-a-power-is-given/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A18-FL20261022-17-US"
practice_area: "Elder Law & Powers of Attorney / Guardianship"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Record the date of the power and any capacity note, without an effect

> 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.

Canonical page: https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/record-the-effect-of-incapacity-at-the-time-a-power-is-given/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 | 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 | United States |
| Applies to | [Record the effect of incapacity at the time a power is given](https://ailawframework.com/practice/elder-law-and-powers-of-attorney-guardianship/record-the-effect-of-incapacity-at-the-time-a-power-is-given.md) |

## Checking plan

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

## Notes

- Do not write that the power is void or that it survives. You have not opened the rule.
- The quote stays in the clinician's or the file's words.

## 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 1.1, Comment 8](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_1_competence/comment_on_rule_1_1/) (checked 2026-10-22)
- [ABA Model Rule 3.3, Candor toward the Tribunal](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_3_3_candor_toward_the_tribunal/) (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.*