Do You Have The Proper Documentation To Obtain Medical and Financial Information In Case Of An Emergency?
Without the proper documentation, you may be unable to receive medical information about:
1. Children over the age of 18, especially if they are in college.
2. Elderly loved ones.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) mandates that all protected health information must remain confidential and cannot be disclosed without the patient's specific written consent. While it may seem obvious that a parent would be informed and allowed to speak with hospital staff if their college-age child is injured, this is not necessarily the case. If your child is unable to give consent due to their injury, medical staff will not be able to share any information with you without the proper HIPAA-compliant authorizations and documents.
In addition to your children over the age of 18, you should be authorized to obtain medical information regarding your elderly parents and loved ones. Proper HIPPA compliant documentation is required for this as well.
There are several documents that are vital to make sure that you have authority to receive information about your adult (anyone over the age of 18) loved ones personal information and to assist them in making medical and other decisions if they are unable to make those decisions themselves. Those documents are as follows:
The Designation of Healthcare Surrogate appoints a person to obtain medical information and to make all medical decisions on your behalf, not just end-of-life decisions. Therefore, in an emergency, make it easy for you to get the treatment you need and have this document prepared now.
A Living Will differs from a Healthcare Surrogate Designation. A Living Will specifically appoints a person to make final life decisions for you, such as which medical procedures to undergo or decline, and whether to receive life-prolonging treatments. Without this documentation, your loved ones will have to guess your preferences, which could lead to disagreements and, potentially, court intervention. To avoid conflicts and make things easier for everyone, it's important to put your end-of-life instructions in writing.
A Durable Power of Attorney is a formal document, signed before a notary, that designates someone to make specific decisions on your behalf. It is primarily used for financial matters if you are unable to make decisions yourself, whether due to incapacity, being out of the country, or other reasons. This document allows the appointed person to handle tasks such as contacting banks, making payments, and managing financial matters for you.
A Durable Power of Attorney is often used for Medicaid planning. In Florida, you can qualify for Medicaid to cover end-of-life care and housing even if you have significant assets. This process, known as Medicaid planning, involves specific procedures and strategies to ensure that your savings are preserved for your family and beneficiaries. Without a Durable Power of Attorney, if you are unable to make decisions or sign documents when Medicaid planning is needed, you may not be able to protect your assets, and the government may use them to cover your medical expenses.
Ensure you have access to your children and elderly loved ones' private medical information and finances by having the proper medical authorizations and Power of Attorney.