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Terry Douglas, Maryland Elder Law Attorney
Do You Need an Advance Health Care Directive With HIPAA?
Douglas Law Office

Do You Need an Advance Health Care Directive With HIPAA?

By the time that most people need to have their legal affairs in order, it's usually too late.

Unfortunately, the majority of people are failing to plan for incapacity (or death).

A HIPAA Authorization Allows you to name a person, usually a family member, who can have access to your private medical records.

An Advance Health Care Directive allows you to spell out your instructions, including which medical care, treatment, and procedures you want and which you don't want. You can also designate an agent to make health care decisions for you and to speak to a doctor when you are unable to do so. Talk with your doctor and your agent, in advance, so that they understand.

Consider the following scenarios

Mistake #1. While watching TV in bed, Husband Fred becomes ill. Emergency medical arrives to the house around midnight and takes Fred to the hospital in an ambulance. The local hospital did not have space; so, Fred was sent somewhere else. Wife Wilma drives to the local hospital, Fred's not there. Staff won't say where Fred is because the hospital is worried about privacy lawsuits. Wilma becomes hysterical and demands to know where her husband is. (Fred did not have a HIPAA release.)

Mistake #2. Homer, 53 years old, was hit by a drunk driver while driving home. Homer was transported to the emergency room. He was unconscious and put on life support while doctors waited for authorization to operate. Arguing in the hospital hallway were Marge (Homer's wife), and Homer's parents (Abe and Mona). Abe threated to go to court for guardianship so that he could make all the medical and financial decisions on behalf of his son. (Homer did not have a medical directive in place.)

Most people die without a will, and most people who become incapacitated don't have a power of attorney or an advance health care directive. Why do most people not take action?

1. Death and dying are aren't easy to talk about

2. Lawyers cost money

3. Procrastination (do it later).

When we don't prepare, we are creating a burden on others.

So, when do you need to plan? Now, while you are still competent and able to make decisions. Take action now so that you don't become a burden to your loved ones.

You should meet with an attorney and get your questions answered.

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