AARP Hearing Center
Three important documents allow caregivers to consult with a parent’s doctor, access medical records, ask questions about claims and make health care decisions on a parent’s behalf:
- Health care proxy
- Health Insurance Portability and Accountability Act (HIPAA) authorization
- Medicare’s Authorization to Disclose Personal Information
What is a health care proxy?
Two names for one document. A health care proxy, also known as a health care power of attorney, gives you the legal right to talk with doctors and make medical decisions on someone’s behalf if the person is unable to do so. Before your parent designates you as health care proxy, you and your parent should talk about priorities and desires to guide the medical decisions you may need to make later.
Some states combine a health care proxy and living will, calling them advance directives. A living will spells out to medical professionals the treatments that a patient does and doesn’t want and designates when to end life-sustaining procedures. It’s typically used when a patient meets specific medical criteria or can’t make health care decisions.
Rules vary by state. AARP has advance directive forms and rules for each state. You can also contact a lawyer in your area specializing in elder law through the National Academy of Elder Law Attorneys.
What is a HIPAA authorization?
HIPAA is a federal law that governs the privacy of medical records and commonly requires written permission for a family member or other caregiver to have access to them.
Most doctors and hospitals have patients sign a HIPAA privacy notice. Patients may authorize one or up to several people to have access to their medical information. You can also complete a separate HIPAA authorization form to use with any provider.
In some states, having a health care proxy eliminates the need for HIPAA authorization to access protected health information. But having both forms can help avoid delays.
More on Medicare
How Do I Ask a Doctor for a Second Opinion?
Getting help when you're not sure that a diagnoses is right
Legal Checklist for Family Caregivers
Steps to take to protect your loved ones as they age
Tips for Managing Medical Care as a Family Caregiver
Get the best possible health care by working more effectively with your parents’ care team