Friday, September 09, 2005

Power of Attorney for Healthcare - HIPAA

Q. I am looking for a form to designate a health care proxy in Massachusets. I cant find one that states that my health care proxy has the right to see and review my health care records. Please advise.

A. It sounds like you need a good Power of Attorney for Healthcare. Most attorneys now include what are referred to as HIPAA provisions in the Power of Attorney. Those provisions would allow the person you name to have access to your medical records in addition to making medical decisions for you should you become incapacitated.

It is also a good idea to make sure that your Will or Trust gives the right to examine those records for a period of time after death in case there are suspicious circumstances. That way your estate can access records that might be needed in a medical malpractice lawsuit.

Your posted comments on this and other questions are welcome.
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