For me, this is one of the most personal issues I will ever address on this blog. I have seen, first hand, what can happen to a loved one when there is not a Medical Power of Attorney in place. I have seen the panic in the eyes of parents who could not get information about their son’s condition, and a wife who was asked to make the most difficult decisions she would ever be asked to make, without being able to know exactly what was happening to her husband. Each time the family asked to see the records, they were given the same answer, “We are not allowed to show anyone those records without a Medical Power of Attorney.” Although discussing the specifics of that case would be inappropriate here, I can tell you that precious that time was lost, and the unimaginable heartbreak that resulted impacted the lives of hundreds of people.
You never know when you might become ill or injured, and unable to make medical decisions for yourself. Because these terrible situations can happen at any age, all adults should have a Medical Power of Attorney, no matter how young or healthy you think you are. At some point in your life, you or someone you know will probably experience being incapacitated and unable to make medical decisions. Whether it is due to illness, an accident, or sudden medical emergency, it can happen to your or someone you love at any moment. The most important thing that you can do for yourself, and for your loved ones is know your rights, and make sure that the most informed decisions are being made.
COMMON MYTHS
“I don’t need a medical power of attorney because I am married, and my spouse can always get access to my medical records.”
“I don’t need a Medical Power of Attorney because my “next of kin” is able to make decisions for me in the event something happens to me.”
“My adult child does not need a Medical Power Of Attorney, because as their parent I am able to see their records and make decisions.”
Wrong. Most of you are probably aware that your “next of kin” (a spouse, or family member), is the person that is in charge of making medical decisions for you in the event you are incapacitated; however, what you probably did not know is that as long as you are still alive, NO ONE is allowed to review your medical records. Yes, I said NO ONE, not even the person making the decision!
THE MOST IMPORTANT QUESTIONS ABOUT MEDICAL POWERS OF ATTORNEY
“Who should I assign my Medical Power Of Attorney to?”
When choosing a person to assign your Medical Power Of Attorney to, you should make sure they fit the following criteria:
1. They are over the age of 18
2. They are mentally competent
3. They are a person that you know well, and can trust to make life and death decisions on your behalf in the event you are unable to do so for yourself.
*** This person does not need to be an attorney. Most people designate a family member or spouse; however, you can chose a friend or anyone else you may feel comfortable with.
“How can anyone make an informed decision without the facts?”
The answer is that the doctor will give your “next of kin” minimal information to help push them to make the decision that the doctor feels is best. If you want to make an informed decision, you need to see the records (test results, x-rays, scans, etc…), but without a Medical Power Of Attorney in place those records are protected by HIPPA Laws. This is normally a benefit to the patient; however, when the patient is depending on someone else to make decisions for them while they are incapacitated and unable to do so, it can become life threatening when the “next of kin” is forced to make those decisions blindly.
“What are HIPPA Laws?”
HIPPA Laws are laws set up by the Federal government to protect your privacy. It is to ensure that your medical records and health information are never made available to someone other than yourself without your written permission.
“How Is This Information Protected?”
Covered entities must put in place safeguards to protect your health information and ensure they do not use or disclose your health information improperly.
- Covered entities must reasonably limit uses and disclosures to the minimum necessary to accomplish their intended purpose.
- Covered entities must have procedures in place to limit who can view and access your health information as well as implement training programs for employees about how to protect your health information.
- Business Associates also must put in place safeguards to protect your health information and ensure they do not use or disclose your health information improperly.
- http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/consumer_rights.pdf
“Who should have a Medical Power Of Attorney?”
If you are over the age of 18, you need to have a Medical Power of Attorney in place so that your interests as a patient are being looked after by someone you can trust, and whom you know has your best interest at heart.
“Can I do it myself”
As an attorney, the most valuable advise I can give to anyone is to have an attorney draw up this document so that they can explain the full implications of this document, and have it prepared, along with any additional documents pertaining to your wishes should you become incapacitated. It is also important to make sure that the document fits the statutory guidelines laid out in your state. You also want to make sure that if you have specific requests regarding who can access information, and what information they can access, that those requests are spelled out in your Medical Power of Attorney. This is not something that should be taken lightly or done without understanding the full purpose and intent of this legal document.
If you would like to contact me about having a Medical Power of Attorney drawn up please DON’T HESITATE! Like I said in the beginning, this is the most important, and personal issue I will probably ever blog about, and I don’t want anyone else to go through the heartbreak of having to make decisions without knowing all the facts. Know your rights, and protect yourself!
