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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+

#33, posted 19 Jun 2022 1:06 pm, in reply to #32362 words
Customer Support (Offline)

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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