When it comes to a parent or spouse’s healthcare, the law can be strict about who can receive status updates, participate in conversations with medical professionals and make medical decisions. These policies are meant to protect our sensitive information, but they can also pose serious problems for family caregivers.
There are ways to access to a loved one’s medical records and obtain the ability to make decisions on their behalf, but these legal permissions must be established before they are needed for them to be most effective. Unfortunately, many families do not realize that any special paperwork is required for them to participate in a loved one’s care, and the consequences of being unprepared can be stressful for everyone involved.
You might be barred from accessing vital medical information or unable to direct your loved one’s care if they cannot make their own decisions. In a worst-case scenario, you may need to go to court and petition for guardianship to obtain these legal powers. Fortunately, families can avoid this time-consuming and expensive scenario by working together to prepare three necessary legal documents that will enable them to make critical care decisions.
HIPAA Authorization Form
The Health Information Portability and Accountability Act (HIPAA) provides legal standards for keeping a person’s health information and records private. This means it is illegal for medical professionals to share any details about your care recipient’s health unless they gave their written consent for you to receive this sensitive information. HIPAA authorization is a simple yet important document for family caregivers. It authorizes the doctor to keep approved family members in the loop regarding a loved one’s medical status. This form only takes a moment to complete, and every doctor’s office should have blank ones on hand for patients. All you need to do is request that your loved one grants you access to their healthcare information by filling out this form. (Learn more about HIPPA HERE.)
Power of Attorney
Also known as a medical power of attorney (POA) or a health care proxy document, a medical POA is a legal document that enables a person (called the “principal”) to appoint a trusted relative or friend (called the “agent”) to handle specific healthcare decisions on their behalf.
While HIPAA authorization only grants a caregiver access to information, a medical POA document grants this access as well as the ability to make medical decisions for their care recipient. This document is crucial because it gives a trusted person the power to manage a loved one’s healthcare if they become incapacitated. There is a catch, though. This document must be prepared while a person is still mentally competent to grant an agent these powers.
It is important for the principal to trust that their agent understands their healthcare goals and will act in their best interest. This is where the next legal document comes into play. (Learn more about Power of attorney HERE.)
Advance Health Care Directive
This document is commonly referred to as a living will. An advance health care directive lets people record their wishes for end-of-life care before a medical crisis strikes. With a living will, a person’s loved ones don’t have to agonize over difficult medical decisions. This document essentially spells out instructions for a medical POA to follow when making end-of-life care decisions. A living will may indicate specific treatments a person does or does not want performed under certain circumstances. At the very least, the document should specify whether resuscitation should be attempted if breathing stops, whether artificial life support should be used and whether a feeding tube should be inserted.
Mental Health Directive
As we live longer, a medical condition often morphs into a mental illness condition operating under different treatment rules. The mental health directive provides direction should we become mentally incapacitated, as well as instructions and preferences regarding hospitalization, medications, seclusion and treatment options (such as medications or shock therapy). This directive designates who will be your agent and who is to be notified regarding your condition/treatment. (Learn more about Health Directives HERE.)
Preparation is Crucial
Once a healthcare emergency strikes, it is usually too late to prepare these documents. To avoid unnecessary stress and confusion, talk to your family members about getting their affairs in order. It is important for all adults to discuss their personal wishes with loved ones while they are still healthy. (You can find many Resources for Assistance HERE.)
An elder law attorney can discuss individual questions and concerns, prepare these legal documents, and provide advice on additional legal planning tools that may be useful for your family’s circumstances. To learn more and to schedule an appointment, contact Bob Michaels today.
Bob Michaels is extremely passionate about providing the best possible legal experience for his clients, and focuses his practice on elder law, estate planning, business, and real estate matters. Bob has been able to provide piece of mind and a solid foundation to many folks in the Puget Sound area over the years and wants to provide resources and relevant information whenever he can.