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Privacy laws: Health care representatives might be affected

| Jun 24, 2015 | Estate Planning

We have often discussed making plans for your medical care, such as appointing a health care power of attorney. It might shock some of our readers to know that there is some concern about how Healthcare Insurance Portability and Accountability Act of 1996 affects the information that people who are listed on the health care power of attorney can receive.

Generally, if the health care power of attorney is properly worded, there isn’t any issue with information being given to the person who has the power of attorney. Even when the health care power of attorney document is well drafted, there is a chance that the physician or medical professional won’t understand the legal sufficiency of the document. In that case, they might opt to withhold information based on the HIPAA law.

We know that you don’t want your loved ones to have trouble getting your health care information when they need it to make decisions on your behalf. We can work with you to ensure that we lay out the right of your health care power of attorney to receive the necessary information to make health care decisions when you are unable to make those on your own. We can make sure that the proper wording is used on your documents so your appointed health care representative doesn’t have to deal with any problems regarding privacy laws.

When your loved ones are having to deal with a medical crisis dealing with you, they don’t deserve to have any added pressure from issues with HIPAA laws or health care powers of attorney. Instead, they deserve to be able to focus on you during the times when you need them by your side.

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