For a durable power of attorney for health care, it is important that the health care agent needs to be in a good position to exercise substituted judgment for the principal and thus should have a solids grasp of the principal's attitudes, the quality of life the principle would find acceptable, and the principal's religious beliefs and philosophy of life. Generally, an agent has no authority to make health care decisions on behalf of the principal until the principal is unable to make health care decisions. Our attorneys will also discuss with you how the Health Insurance Portability and Accountability Act (HIPAA) affects your medical power of attorney. HIPAA restricts a health care provider's disclosure of protected health information. A medical power of attorney established prior to the enactment of HIPAA will likely be ineffective. Our attorneys can prepare the documents necessary for a power of attorney and customize it to fit your needs. |
