You've
done everything "they" say you should to get
your documents in order. You have copies of the Powers
of Attorney your elder signed. You want to get some
information from his doctor, and you still hit a stone
wall. What's up?
Find your Medical POA and read through it (you do know
where it is, right?). If it says something like,
"This medical power of attorney takes effect if I
become unable to make my own health care
decisions...," then it gives you no authority or
legal access to medical information while the person you
represent is able to make decisions.
As long as your elder is able he is
entitled to keep medical information
private, even from the person who may one day be making
decisions for him.
If this is the position you find yourself in, what you
need is an
"Authorization to Release Information."
Whenever you go to the
doctor you are asked to sign a form authorizing the
release of your medical information to insurance
companies, etc. This is the same kind of form your elder
can sign to authorize release of information to you or
anyone else she designates.
If your elder is agreeable to you having access to her
medical information she should ask to put your name and
contact information on a release form that will be
included in her medical chart. She will have to do this
at each individual doctor's office. This will work in
the hospital, too. Have the patient ask for the form at
admission.
Some medical offices are reluctant, or will downright
refuse, to send a
release form in the mail to be completed and returned.
They want to be sure that no undue influence is being
put on their patient to sign. So they will insist that
the form be filled out and signed in their office. If
your elder tends to forget to ask about filling out a
release form and you can't go with him, you can call the
office and ask them to put a form in the chart so the
doctor or nurse will be reminded to offer it at the next
office visit. Of course, they may or may not remember to
do it.
Doctors
don't have time to answer the same questions from
several people. If there are multiple family members who
will want information from the doctor the patient should
appoint one to be spokesperson for the group. This
person's name should be the one on the release form, and
should ideally be the one who holds Medical Power of
Attorney. The family spokesperson can then pass the
information on to anyone else the elder wants informed.
Note that I said, "... to anyone else the elder
wants informed." Just
because you have access to his confidential medical
information doesn't mean you can pass it along to
whomever you choose without your elder's consent. If
your elder has given you this kind of extremely personal
privilege, please don't abuse it by gossiping or
revealing more than you should to people he wouldn't
want to have the information. When in doubt, ask first.
There
is more information on the important legal documents you should
have for an elder in your care in our
Legal
& Financial section.
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