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Joe2981 Asked October 2020

I have power of attorney for my mom. Does this mean the doctors have to give me updates on my mother?

Just wanted to know if the doctors and nurses have to tell me what is going on with my mother. I have asked them to inform me, and I was told that my mother is her own person and they didn't have to tell me anything.

MsRandall Oct 2020
If you have Health Care Power of Attorney AND your mother is incompetent. Yes. They have to give you updates.

If your mother is competent, your mother has to give permission to each health care provider OR modify the health care power of attorney to include permission even when she is competent.

Geaton777 Oct 2020
If your mother does not have a medical diagnosis of dementia or any cognitive issue that renders her incapable of acting in her own best self interests, then no, the doctors cannot talk to you about her medical issues due to privacy laws that they must follow (HIPAA - Health Insurance Portability and Accountability Act). Neither will they necessarily "intake" info from you about her. She needs to assign you as her Medical Representative on a form that can be requested at each doctor's office. She must designate you by name and then sign it so they have it on record. This needs to happen at each doctor she she sees.

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babsjvd Oct 2020
I found each time my mom was in the hospital, unless my mom signed the waiver, absolutely no information. Same at dr office. It’s HIPPA law.

ToniFromRVA Oct 2020
In order to exchange info about a loved one's condition by the doctor, a HIPPA form must be in place. This is a form that each person signs in the doctor's office to allow the doctor to talk about your condition to the people listed on the form. You should be offered one when you visit the doctor, if not ask for one. My doctor updates mine every year.

Labs4me Oct 2020
I was my mother's POA for health and finance. but for me to get medical information, she had to sign a HIPPA Waiver since she was not declared incompetent.

AnnReid Oct 2020
Were you made aware when the Power of Attorney was written that it is a document that is drafted when person IS (theoretically) intact cognitively?

When your mom designated you HER Power of Attorney, she was indicating that IF she should become unable to make decisions for herself, you would assume that role.

If her doctors believe that she is capable of managing her own health care, you aren’t needed as her POA, right now. This is important, though- if you feel that she is no longer functioning in a safe and reasonable manner, you can request that her doctor administer or arrange for an assessment. The doctor may discuss this with her, so she may get mad at you if she’s told that it was your suggestion.

I’ve described this process as it works in MY state. State rules vary. If I’ve made any mistakes, I’d appreciate someone to correct me.

Tothill Oct 2020
Are you referring to medical POA or Healthcare Representative? If Mum has not been declared incompetent, no they do not have to tell you anything at all.

If Mum has told them no to talk to you, they are bound by her wishes.

You have not completed your profile, nor given any details on what health concerns Mum may have.

Undecidedkc Oct 2020
I think if she is of sound mind and able to communicate they won’t Enforce the POA unless she allows it. I know the poa for my mother is only in effect because she can not speak or make decisions on her own.

Sharon40az Oct 2020
I have my father's POA, but he has had to personally give each of his doctors the permission to give me information. The POA is for if he is unable to handle his own affairs. (Which he is able to do less and less, so I am taking over much of it). I still have to put him on the phone to give permission or have his signature for various things-especially involving medical or financial issues.

Riley2166 Oct 2020
Please talk with an eldercare attorney about this and also, in addition to the POA, get a Power of Attorney - Health Care. That is different and applies to medical problems such as you are enduring. You need both of these documents.

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