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Trusts and EstatesThe newsletter of the ISBA’s Section on Trusts & Estates

November 2010, vol. 57, no. 4

A question of health

As one who has spent a lot of time in hospitals, I’ve had to face several interesting issues regarding agency and health care powers of attorney.

My wife is my primary Health Care Agent, followed by my two daughters. Under HIPAA, hospitals have the right to divulge information on my status to the designated agent and to nobody else.

To remedy this problem, I have added the following language to the statutory form just after Paragraph 5 (which lists successor agents).

Without changing the order of succession as agent, I give permission to any health care provider to release any and all of my medical information to any successor agent named hereunder, regardless if acting.

So far, this language has been sufficient. ■


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