Why Include a HIPAA Release in Your Estate Plan?

 Posted on January 24, 2025 in Estate Planning

When you sit down to create your estate plan, one of the goals should be to plan for those unexpected situations that no one really wants to think about. Planning for worst-case scenarios is one of the big reasons people make an estate plan. It gives you a chance to protect yourself and your family if you are incapacitated and cannot handle your medical affairs.

There are a number of documents essential to planning for the possibility of medical incapacity in estate planning, such as the advance directive and a medical power of attorney. Yet no comprehensive estate plan is complete without including a HIPAA release form. An experienced Forth Worth, TX estate planning attorney can help ensure that you have a HIPAA release form and any other necessary ancillary documents as part of your estate plan. 

What Is HIPAA?

HIPAA stands for the Health Insurance Portability and Accountability Act. It is a federal law that governs procedures for managing the privacy and security of patient health information. It prevents healthcare organizations from disclosing certain protected health information (PHI) without your consent. HIPAA prevents individuals including your family members or spouse from accessing your PHI unless you have granted them authorization via a HIPAA release (also known as a HIPAA authorization form).

Why Include a HIPAA Release In Your Estate Plan?

The HIPAA release allows healthcare organizations to disclose your PHI as needed to a "personal representative" designated in that form. With the form, that individual is able to access your PHI. This ensures that your personal representative is able to receive any and all necessary PHI from doctors and medical providers. 

What If I Already Have a Medical Power of Attorney?

A medical power of attorney or healthcare power of attorney is a document giving family members the right to act as your agent and make medical decisions on your behalf. However, the medical power of attorney only becomes effective if and when you are incapacitated and unable to make decisions on your own behalf. 

A HIPAA release is broader and can be helpful in situations where you might not have been deemed medically incapacitated but still want or need someone to have access to your medical records. Additionally, insurance companies often require this form. The HIPAA release form works in tandem with the medical power of attorney to ensure that the person designated in the medical power of attorney can access your PHI. 

Contact a Forth Worth, TX Estate Planning Lawyer

Planning for your future is one of the smartest things you can do. At Gonzalez Law, PLLC we help people prepare for the difficult situations that might come later in life. Our experienced Fort Worth, TX  estate planning attorney can help you make your estate plan and ensure that it protects you in the event you are incapacitated and need a HIPAA release form. Call the office at 817-349-7330 for a free consultation today.