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Home » Probate & Estate Administration » Health Care Directives and HIPAA Authorizations

Who Needs A Health Care Directive And Why?

San Diego Estate Planning Law Firm

A health care directive is a valuable planning tool. Also called a living will, this document details which medical procedures you would like to receive should you be unable to speak for yourself. You may have a very clear idea of what you would like done and what you do not want.

Creating a health care directive lets your loved ones know what your intentions are when you are in a clear state of mind. You will also authorize someone to make decisions on your behalf if you are unable to. This person is called your health care proxy. It is usually, but not always, a spouse. There are significant factors to consider when it comes to choosing this person.

Attorney Rod Hatley has helped hundreds of Californians create tailored health care directives as part of their estate plan wills. He offers seasoned and knowledgeable guidance. He will answer all of your questions to ensure you receive the personal, customized plan you need.

The Benefits Of A Health Care Directive

An advance health care directive is not a complicated document. But it is important and valuable. Here are three benefits of creating a health care directive:

  1. It will let your loved ones know beyond a doubt what you wanted. This takes a huge burden off of them.
  2. Having your wishes in writing for everyone to see minimizes stress and confusion.
  3. Knowing what you wanted means that family members do not need to wonder, argue or fight about it. It works to keep a lasting peace.

You may also want to discuss the merits of having a do not resuscitate (DNR) order and a directive for tissue donation; listing funeral or cremation wishes; and having a POLST or Physician Orders for Life-Sustaining Treatment which is signed by your doctor. EMTs cannot use an advance directive, but they can use a POLST form.

How HIPAA Authorizations Affect Your Plan

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is what guarantees that your health care records are private unless you indicate otherwise. You will need to include an authorization of release in your health care directive. When you do this, it allows your medical information and status to be released to those you designate. This will allow your health care proxy to have access to your records and current physical status after an event. Your financial power of attorney (POA) will also need to be able to act on your behalf after an incapacitating medical event. The HIPAA authorization release will be needed for your POA to become activated. Some older estate plans do not include this vital document.

Get The HIPAA And Health Care Directive Guidance You Need

Hatley Law Group APC was founded so that California clients who needed estate planning help could get focused, top-notch advice and counsel. Since 1996, Rod Hatley has provided clients with personal service and the answers they need to make decisions that reflect their values. Book a Call to find out more. You can send Rod an email to the firm. Based in San Diego, Rod meets with clients all over California.

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Hatley Law Group, APC

12636 High Bluff Dr., Ste. 400
San Diego, CA 92130-2071

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