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Advance Medical Health Care Directive >> Power of Attorney for Health Care >> Durable Medical POA vs. Medical POA
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| Discussion: Durable Medical POA vs. Medical POA | - |
| Joined 19 Jun 2022 4:20 am
1 post
9.5/10 Rating |
Please explain the difference between "Durable Medical POA" (which is part of an Advance Medical Directive); -vs. - "Medical POA"??
It is my understanding that the “durable medical poa”; agent can ONLY act on behalf of the person IN CIRCUMSTANCES WHERE THEY CANNOT SPEAK/ACT FOR THEMSELVES; (such as coma, etc).
But a “Standard Medical POA” form allows the agent to act on behalf of the person; even when they are totally competent .
My point is this: My mother needs an agent who can obtain medical information on her behalf, she is elderly and I schedule all her appointments, take her to the appointments; she is mentally competent, but at her age, & with medical issues, she isnt able to get around like she used to; if she needs medical reports picked up from one medical facility to be taken to another medical facility etc; I need to be allowed to do this. NOW, I have to drag her to the medical facility, have her sign paper authorizing them to give the info to me etc.
HELP US TO KNOW WHAT NEED TO DO TO GET THIS TAKEN CARE OF.
Does she have to have an attorney for the Medical POA?
PLEASE NOTE: She has already assigned me as her agent as “Durable Medical POA” we didn't use an attorney; but she signed form in front of two witnesses and also had it notarized. From everything I have read & studied; this is just as legal.
Please advice. When I call the doctor's back for results of her blood work etc., they refuse to give the info to me. Mom does well for her age, but sometimes gets confused etc. She wants me handling all this for her, but due to privacy act we need to take steps to make it legal.
Thank you.
When I read your online site about Regular Medical POA it sounded like same as the Durable Medical POA, so I am totally confused???????????????
All Medical facilities tell me this form is only good if she is either mentally or physically unable to speak for herself.
Thanks anyway
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| Joined 26 Jan 2022 1:01 pm
144 posts
9.6/10 Rating |
Dear Cinderella,
You asked a very interesting question in regards to release of private health care information.
We understand from your email that your mother is still capable of making health care decisions for herself, and at the present time she only needs someone to obtain and receive her medical records and to pass them along to another medical facility.
It never hurts to have a Medical Durable Power of Attorney executed ahead of time especially when the person comes to his/her mature years. In a Medical Power of Attorney she may grant her agent powers to request and receive her medical records and have full access to all necessary medical information, but this power comes into effect when your mother is incapable of making health care decisions for herself. Therefore, we think that at the present moment your mother may only use an “Authorization for release of medical information”.
A valid authorization MUST contain the following information:
Patient's full name and date of birth (list any other names the patient may have had).
Hospital registration number (file number);
Specific information being requested (e.g. type of report/information and dates of service, etc.);
Purpose for which the information may be disclosed;
To whom the information is to be sent (name and address);
Specify authorization’s expiration date if desired;
The patient's signature. Authorizations signed by a representative must contain a copy of the guardianship papers or power of attorney;
Date of the signature.
We understand that it may be annoying to sign a new Authorization after each procedure performed after the date of signing of the Authorization. As a solution your mother may state in the Authorization form that specific records that will be generated in the future may be released, like “future records of a such and such test; any and all hospital records pertaining to medical history of …”
As far as you did not write the state you are in it is hard to tell you exactly what the requirements for the release are in your state.
Please note that Legal Helpmate is not a law firm and we do not give legal advices to the public.
Best regards,
Customer Support
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