questions & answers
Question: I have a 62 year old mother with dementia. My dad is looking for assisted living homes for her. Does he need a HIPAA and POA to access medical records on his own, and make decisions for her? They are married.
Answer: A spouse may share the personal health information of the other spousewww.hhs.gov-/ocr/privacy/hipaa/understanding/consumers/sharing-family-friends. A personal acting in the role of Personal Representative must be treated as the person regarding access under HIPAA. In this HIPAA Privacy Manual refer specifically to page 7, Personal Representative. A durable power of attorney is a document that lets one chose another person or agent to make health care decisions for a person no longer able to make decision by themselves, (www.azag/gov/seniors/life-care-Frequently Asked Questions). The AZLawHelp website, under Life & Estate Planning- Wills & Living Wills, directs one to the Arizona Attorney Generals website, which is referenced above. For additional information consult with the Area Agency on Aging, Senior Hot Line; the phone numbers are 602-264-4357 or toll free 888-783-7500.
I have a 62 year old mother with dementia. My dad is looking for assisted living homes for her. Does he need a HIPAA and POA to access medical records on his own, and make decisions for her? They are married.
- Please select your county of residence below.
State Bar of Arizona
Maricopa County Bar
Referral number 602-257-4434
Pima County Bar
Referral number 520-623-4625
National Domestic Violence Hotline
Bankruptcy Court Self Help Center
Certified Legal Document Preparer Program