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Why You Should Consider a Standalone HIPAA Release

Attorney Thomas B. Burton explains how a standalone HIPAA release can be very useful as part of your comprehensive estate plan.

For questions about this topic, or to suggest a topic for a future blog post, please contact my office. Click here to obtain my Free One Page Will vs. Trust Estate Planning Guide.

Transcript of Video: Why You Should Consider a Standalone HIPAA Release

Today's question why should I consider a

standalone HIPPA release as part of my

estate plan a HIPPA release has to do

with the Health Insurance Portability

Act the federal law governing your

medical records they cannot release those

records to anyone but you

under the HIPPA laws now if you execute

a power of attorney document for health

care with my office inside that the

agent you name will be authorized to

receive her medical records under HIPPA

where this can become a problem is if

your financial the person named as

agent under your financial power of

attorney or the trustee under your trust

is often not the same person as your

health care power of attorney and for good reason

these people may need access to your

medical records to get a doctor's

opinion to sign off that you're

incapacitated meaning you're unable to

manage your financial affairs so that

they can act under your financial power

of attorney or trust document if they

don't have access to your medical

records they can't talk with the doctor

about it in order to get that

authorization now your your

healthcare power of attorney could do

this in concert with them but if it's

not the same person in some cases it is the

the same person your trustee your healthcare agent and

your financial agent but for many reasons you

will have someone who you trust to make

your medical decisions but they're not

necessarily the same person to do the

financial that's where the standalone

HIPPA release can come in the HIPPA

release authorizes your financial agent

or trustee to access your medical

records just for the purpose of becoming

authorized under their document to act they

don't have the authority to make medical

decisions for you like your health care

power of attorney they simply have the

access to your medical records so that

if you have a springing power of

attorney for finances or a clause in

your trust stating a doctor must sign

off as to your incapacity before your

trustee may act then they can get

access to this so the doctor can provide

that statement

so they can be activated under your

financial power of attorney or trust

document that's why a HIPPA release can

be a very valuable piece of your

comprehensive estate plan and talk with

your attorney about whether it makes

sense to have a standalone HIPPA release

in your specific situation.

Great question and thanks for asking.

© 2018 Law Office of Thomas B. Burton. All Rights Reserved.

Transcript and captions provided for ease of access for the hearing impaired.

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