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  1. #1
    Join Date
    Sep 2010

    Default Medical Power of Attorney

    My question involves a power of attorney in the state of:Montana

    My father is getting on in years. He and I want me to have POA for his medical care. I will honor his wish's, such as his do not redudcitate/ living will.

    My step mother is against this, and she wants her daughter to have full access to his medical information, My father has expressed that he does not wish this.

    So if I get his Medical POA, what are my responsabilities, what and I enforce? Can I prevent his step daughter from getting ingformation?

  2. #2
    Join Date
    Sep 2010

    Default Re: Medical Poa

    As the medical POA you can act for his medical decisions as he would if he were able to do so himself. You have no specific responsibilities other than that if and when you do act you do so in accordance with the POA.

    The POA doesn't prevent dissemination. Generally under the current legislation covered entities (hospitals, doctors, insurers) will not disclose information to others without the consent of the patient (or their POA perhaps).

  3. #3
    Join Date
    Jul 2011

    Default Re: Medical Poa

    OP, You are referring to three forms and. possibly mixing them up.

    1. Power of Attorney, Medical - names someone who will make medical decisions when you cannot. You can also name an alternate (or two, or three) person to make those decisions. Choose someone with backbone - it's not just 'medical decisions' - they have to have the guts to fire a doctor if appropriate, or transfer hospitals if necessary, or fight for insurance coverage - in other words, they have to be able to 'bump heads' to get the care needed.

    2. A 'Do Not Resusitate Form' is just that - it states the declarant does not want to be resusitated - no valiant efforts at CPR/Heart starting - this is, normally, for EMT, ambulance crews and hospitals.

    3. An 'Advance Directive' also known as 'Living Will' (which I refer to as 'when to pull the plug'), states under what conditions the declarant no longer wishes to be, artificially, kept alive - eg if suffering from a terminal condition or after being diagnosed as having six months or less to live. Some declarants fill this out, stating never stop all articial means of sustaining my life, others state when to stop & also refer to artificial nutrition and fluids, intravenous antibiotics, etc (wanted or not).

    4. Also, a HIPAA release (Health Insurance Portability Act) - this form allows care-givers: hospitals, doctors, dentists, nurses, nursing homes, etc., to release information to those whom you list. This is important for the family members to be able to inquire, over the phone, how an inpatient is doing. If properly drafted, the HIPAA release is for info only. Many people list their family members, friends, and some neighbors - those most likely to visit or call a hospital. Without a HIPAA release, a medical provider can be fined for releasing information; it is becoming more important for a declarant to have a HIPAA release and ensure that their providers, and family, have a copy.

  4. #4
    Join Date
    Mar 2005

    Default Re: Medical Poa

    You can cover "do not resuscitate" (DNR) issues in a medical power of attorney / healthcare proxy, describing (or limiting) the powers of the person holding your proxy, and would normally address those issues in a living will / advance directive; but I agree with Shelaw that you would generally want the patient to also complete a DNR form that can be kept right in his medical chart.

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