Create a Power of Attorney for Medical Records

Once you start thinking about what might happen in case you’re not able to make medical decisions for yourself, you’ll consider creating a:

• Living will
• Advance directive
• Medical power of attorney

The latter document is beneficial if you’d like to choose someone to make decisions about your health care in case you cannot do it for yourself.

Does this person automatically get a power of attorney for medical records? This article addresses that aspect of a health care power of attorney, and DoNotPay shows you how to draw up this document.

What Is a Medical Power of Attorney?

A medical power of attorney (POA) is a legal document that permits you to name a person to make decisions about your medical treatments when you:

1. Cannot communicate your wishes
2. Are incapacitated or terminally ill
3. Have been seriously injured

Different states use different names for this document, such as a:

• Durable power of attorney for health care
• Health care power of attorney
• Medical power of attorney
• Health care proxy

Keep in mind that in some states, the latter term might:

1. Be another name for an agent
2. Differ from a power of attorney

Can You Use a Power of Attorney To Obtain Medical Records?

A health care power of attorney allows your health care agent to:

• Be in charge of your health care when you cannot
• Access your medical records to be able to make informed decisions about your health care

The latter provision might be limited by the Health Insurance Portability and Accountability Act (HIPAA).

Medical Power of Attorney and HIPAA Release

HIPAA imposes severe penalties on health care providers if they release any protected health information (PHI) or data kept in medical records to anyone but:

1. The person who the information belongs to
2. That person’s representative, i.e., your health care agent
3. Parents—for medical records of their minor child

If you’d like other people—e.g., your spouse or family members—to obtain your medical information in case you’re not able to share it with them, you should draft a HIPAA release form.

Restrictions on a Power of Attorney Medical Records Release

You should know that your doctor or health care provider can refuse to honor a power of attorney for release of medical records in case:

• You have been a victim of domestic violence, neglect, or abuse carried out by your agent
• Their professional judgment shows them it wouldn’t be in your best interest

How To Prepare a Medical Power of Attorney

If you’d like to draft a health care power of attorney, living will, or advance directive, check out the following options:

Create Health Care Documents With DoNotPay

Our AI-powered app can generate an airtight living will, advance directive, and medical POA for you. We’ll help you save:

• The money you’d otherwise need to spend on attorney fees
• The energy and time you’d have to waste on inspecting and changing unreliable templates

Sign up for DoNotPay and:

1. Navigate to the Advance Health Care Directive product
2. Enter the name of your agent and specify your health care preferences
3. List the:
   1. Powers you are giving your health care agent
   2. Medical procedures you (don’t) want to receive
4. Choose to get the document notarized or provide the names of witnesses

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