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StenoBarb Asked August 2022

Need help with getting proxy. Any suggestions?

Any suggestions on how to get my mom (who has MCI/dementia and is in complete denial) to sign a Proxy, allowing me to access her medical records? I need a "gentle" way of suggesting to her the Proxy is important. If I tell her I need it to see her records, she'll deny it. I need a convincing "white lie" so that she will sign the Proxy. Thank you!

JoAnn29 Aug 2022
https://www.hhs.gov/hipaa/for-professionals/faq/2069/under-hipaa-when-can-a-family-member/index.html

This tells you how a person can require Medical info on another person under HIPPA.

This is the last paragraph

"Finally, a covered entity also is permitted to disclose the health information about an individual to any person, including a family member, if the individual provides a prior written authorization for the disclosure."

To me, Mom needs to be competent to sign HIPPA paperwork of any kind. If I read correctly, the best way is to already have Medical POA in place but there seems to be a way to get around it but it takes time.

Geaton777 Aug 2022
Maybe lead by example and tell her that you have an assigned Medical Representative (the HIPAA form) and it's very common -- and very useful -- should something happen to her and she is physically unable to help herself. A MPoA is better, but the HIPAA MR is easier. No notary required and you just ask for the form at the doctor's office. An MR doesn't allow you to make medical decisions for her, it allows her medical team to legally discuss her private medical info with you. A HIPAA/MR doesn't require her to be "competent" for her to sign it.

You can let her know that a MPoA would be able to set up the online portal for her so that she has easier/faster access to her info and can set up convenient Zoom appointments, reorder prescription meds, and ask questions rather than sitting on the phone on hold.

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JoAnn29 Aug 2022
Your Mom has to be able to understand what she is signing. So you have to be honest. If she is not too far into her Dementia and she understands what is involved she may be able to sign. You tell her if she doesn't make you proxy then someone she doesn't know will be making decisions for her. You will need a notary.

If she is really into her Dementia, she is not competent to sign any kind of contract.

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