There is an elder in my circle who has appointed a Medical POA, but absolutely REFUSES to sign a HIPAA form. If the POA is in place, can doctors legally speak to the POA regarding care?
A POA acts for a person when the person is unable to make their own decisions. If this senior is competent they still have the right to make all of their own medical decisions including the sharing of information. The POA takes over when the senior cannot act for themselves. A competent senior can still ask that information not be shared. The same goes for any POA including financial. A POA cannot act against the wishes of a competent senior, and are obligated to act in the best interest and according to the wishes of the senior when the senior cannot act in his or her own interests. If this senior is currently receiving care and the medical POA is on file (as it should be) with hospital and with physician, then the medical entity will determine when the person is unable to make his or her own decisions about health care and will contact the POA. So best thing now is to be certain admissions has a copy of the POA in records.
The only thing I would add to it. You can always report your concerns to the medical practitioners. Without the HIPAA signed, they cannot discuss the patient with you. I have done this, not as POA, but a concerned family member. on more than one occasion and been favourably received.
If you are the medical POA for the person in question and the medical professionals feel the person is competent, they have to honour the patients wishes of privacy. If you have evidence that the person is not competent and is show timing for the doctors, then you can write your concerns down for the doctor, it is unlikely they will speak to you.
The elder in question won’t even give a copy of the poa to the poa! They are afraid of losing control of their lives. Unfortunately, we are seeing signs of memory issues and said elder doesn’t believe those around her. I’m afraid this is going to be a mess if the paperwork is not in place soon.
The only thing I would add to it. You can always report your concerns to the medical practitioners. Without the HIPAA signed, they cannot discuss the patient with you. I have done this, not as POA, but a concerned family member. on more than one occasion and been favourably received.
If you are the medical POA for the person in question and the medical professionals feel the person is competent, they have to honour the patients wishes of privacy. If you have evidence that the person is not competent and is show timing for the doctors, then you can write your concerns down for the doctor, it is unlikely they will speak to you.