Burbank Estate Planning Attorney
Burbank Estate Planning Lawyer
“Failing to plan is planning to FAIL.” - Ben Franklin
Why Do I Need a HIPAA Health Release Form?
“LA LAW Estate Planning Attorneys see families in crisis every day! We understand how critical it is for you to take control of your life and your assets before something bad happens!”
Sadly, death or mental incapacity due to illness or accident may strike at any time. Executing these documents NOW, while healthy and competent will prevent the need for unnecessary court intrusion and expense, and unintended consequences!
Choosing a Personal Representative for Communications with Doctors and Medical Facilities
Under the HIPAA Privacy Rule, an individual may authorize release of his or her protected health information (PHI) to only a specific person(s). Executing a HIPAA Release Form allows your doctor to speak with those you designate regarding your health issues if you are mentally incapable… even for a short time. This form does not allow your representative to make medical decisions, it allow medical personnel to discuss your case with your representative.
The Advance Heath Care Directive is a document that California law allows you to appoint a trusted person to be your agent to make health care decisions (or to direct your doctor whether or not to withdraw life support if you were in a coma and near death) at the time you are no longer able to do so (incapacitated).
If you are not capable to make your own health care decisions (due to possible coma, or severe dementia) you cannot give your consent to medical procedures, such as consenting to surgery or other medical treatment.
Today’s doctors and hospitals will require medical decisions to be made by an appointed health care agent or court appointed Conservator before they will act, especially if there is a conflict among family members.
Also, if the person who you feel should be making these medical decisions is not your spouse, your wishes and directions may be ignored unless you appointed them as you health care agent in an Advance Health Care Directive.
The Advance Heath Care Directive is a simple document that gives your family directions and an understanding of your wishes and the medical community will accept your personal representative’s directions.
Why does anyone over 18 need a HIPAA Medical Release Form?
§ The HIPAA Privacy Act was established to protect individual’s right to privacy. However, doctors now require these forms be filled out before they can talk to family members about other adults in the family. Once the HIPAA Medical Release Form is signed by your adult child, it gives the doctors permission to speak to you about any medical conditions or life care situations. In today’s world, without these documents, doctors will not be able to talk to those who you may want involved.
NOTE: California law requires a form called Durable Power of Attorney to allow a trusted person to make decisions regarding your financial matters.
We are proud to be a part of the complete solution to your family’s crisis, not just the lawyers that create the legal documents. We understand the issues surrounding the care of aging loved ones and what it takes legally to meet your needs and goals, while giving your family the peace of mind that your loved ones are getting the best care possible in a complex and confusing situation.
Please contact our office for a free initial consultation with Joseph McHugh, a California Elder Law Attorney. Or you may wish to call our office or check our web site for the date of our next free public class or workshop to learn more about elder law and the legal ways you can stay in control of your assets and your life!
Best Advice- Seek Experienced Legal Counsel!
If you are over 18 years old and do not have legal documents in order, it advised to seek experienced legal counsel. The LA LAW Estate Planning Attorneys have the knowledge to make this as easy as possible and ready to help you understand your options and then begin this process if it can not be avoided. Our estate planning lawyers prepare custom estate plans that address you and your family’s particular circumstances and long term goals.
If you were asked, "What would happen to your assets if you were gone tomorrow?"… Our Estate Planning Attorneys can help you have peace of mind & be able to confidently say “Yes, I know exactly what will happen!”
After a thorough review of the best strategies for your estate plan and our fees for the scope of work, we will structure a comprehensive estate plan created specifically to protect your assets and allow you to stay in control of your life and your money.
Our Law Office is located in Southern California; however, we serve many clients throughout the state and love an occasional road trip to help all of our clients, their family and friends.
We are very proud of the many personal and professional referrals we receive from happy clients and colleagues. Please contact our office today to schedule a free consultation.
Take advantage of a free phone consultation or appointment for a free 30 minute consultation to review your individual situation and determine if you would benefit from our experience and legal services.
Call us at: (818) 241-4238