disabled adult children and the law?

[lisajean]

Hey there,
I have two adult daughters who are disabled with a variety of conditions (most recent thought is a Mitochondrial disease driving all the other issues). They are not DD but because of the severity of their conditions they often need me to intervene with the medical community on their behalf. Because of HIPPA laws I'm struggling with how best to gain info, request medical records etc.... They both have at least 6-8 different doctors, not to mention labs and scans etc.
My question is... is there an easier way to have access to their records/doctors than having them sign a form every time we need medical info? For example, I need to gather recent records from numerous doctors to send to a Specialist in another state. This would require me dragging the girls all around town just so they could sign release forms which will just push them into a major crash.
Any ideas??
Thanks,
Lisa

[littlebeacon]

I am in New Zealand so not sure if you have the same but here you can have 'power of attorney' which gives you the power to sign documents etc.... so if you have proof of power of attorney you can sign the release form or just get all of their records. It is done through a lawyer.

I hope you find an easy way soon.

All the best.
Anna

[Mom2HeathandKynzer]

I think you can do something like a medical power of attorney. My father in law is working on getting something like that because he doesn't have a wife..and my husband works all over the world(literally)so sometimes I am the only one around when he is sick...so he is getting something like that so I can make decisions for him.

[Love My 7 GEMS]

If your daughters are fully capable of making their own decisions, (legally, medically, financially, etc) then they can give YOU full durable power of attorney over their medical needs, especially in the event they become incapacitated or incapable. But my understanding is a medical power of attorney is useable under all circumstances for gaining information, too. Your daughters would each have to have one that is signed at the by them in the presence of a notary. You can check with a 'standard' attorney, but most of the time you can pull up power of attorney forms for your state right off the internet. (You might have to pay for some, but the fees aren't usually high). Make sure that the form reads that all copies are to be treated as the original. (That way you can leave copies with those that you frequently see).

IF you daughters are not capable of making their own decisions, then you should pursue guardianship of each of them. But it doesn't sound as if that is the case.

Good luck... I am having to look into this very subject for my son, now too... it isn't too hard...but it's always good to seek advice from someone local who knows the laws of your state.

Dori

[mama z]

Other than gaurdianship you best bet would be to get medical power of attorney. It should be a fairly easy process to go through.

Laura

[lacyndarella]

I was also going to suggest medical power of attorney.

[Kira]

For medical records, they can mail you forms for your daughters to sign and send back in. Call each doctor's office or medical records office and ask them to send you a form for your daughters to sign. They can release the records directly to the specialist you're consulting with, can request copies for themselves/you, etc. They will do this stuff through the mail for you. Sometimes they will fax forms/records, too.

I don't think Power of Attorney will help unless your daughters get to the point where they can't make decisions for themselves.

My mom and I both filled out Power of Attorney forms (she has cancer, I have mito), and I think that it only comes into effect if we're incapacitated. So, if I'm sick enough that I can't make my own decisions, then as my Power of Attorney she can step in and make decisions on my behalf (and vice versa... she's my Power of Attorney, I'm hers). As far as I know, she has no right to my medical records right now, and I have no right to hers. It is only if I become sick enough that I can't make my own decisions and am not "competent."

Definitely worth doing a Power of Attorney and Living Will if you haven't already, just to clarify what people would want done in the event of anything happening, including healthy people. Also, if they get sick enough to need you to make decisions for them, then you can.

A common misconception is that you should only fill out a Living Will or Power of Attorney if you want them to NOT do everything (ie not having a feeding tube, not being resuscitated, no CPR, no ventilator, whatever). But actually it is a very helpful document regardless, if your wishes are for them to do everything or if you want them to do nothing or something in between. It makes it clear, in writing, for your family to read what YOU wanted done in case something happens when you can't make decisions for yourself. It makes it so your family doesn't have to make some of those difficult decisions on your behalf, because you made them for yourself when you were well.

The Living Will asks questions about life-sustaining treatment, like resuscitation, CPR, ventilators, feeding tubes, etc. The Power of Attorney document goes a little beyond a Living Will. Not only do you write what you'd want done, but you also pick someone who can make decisions on your behalf including the smaller, day-to-day stuff (do you want to have a surgery? do you want to start a particular med? do you want a new doctor? do you need to get home health care or go to a nursing home? etc).

If you want to change anything on either your Living Will or Power of Attorney in the future, you can change or simply revoke them at any time, too. It is a good thing for ANYONE to do NOW, before something happens, but it is especially important if you already know you're sick.

Here in Wisconsin, the forms are available online and also at pretty much every hospital... whenever I'm in the hospital, have surgery, etc they ask about it and there's actually blank forms in the folder they give you when you're admitted. In WI, you don't have to involve a lawyer or notary public unless you want to... the forms are in plain English, with instructions, and just have to be signed by you, the person you designate as your Power of Attorney, and two witnesses who can be pretty much anybody. Then you give copies to yourself, your Power of Attorney, each of your doctors, and any hospitals where you receive care, home health care, etc.

This is something I feel strongly about (can you tell??) because my mom and I both got really sick with pretty much no warning, and have both been hospitalized for pretty major stuff a number of times. It is good to know that she has it written out what she wants, so that if I need to decide what to do I have some guidance from her. And it's good to know that my parents know what I would want them to do, too.

[Paul from Australia]

Dear Lisa,

We are in Australia, so our laws would be different.

When Grant turned 18, I became his legal guardian and so have authority regarding health issues and looking after his finances. I do not have full guardianship, but the guardianship that I have is pretty close to full.

If you are able, and your girls want you to, then probably full guardianship would be the way to go.

Best wishes for your endeavours. God bless and bye for now.

Paul, Alison and Grant.

[Carly'sMa]

I depends upon what state you live in. In Massachusetts a health care proxy is only when a person cannot act for themselves. The doctor states that the person no longer has the capacity to make the decisions and the agent named in the proxy takes over. A power of attorney is only for financial matters. But, you can also execute a standard HIPAA release (I did one yesterday) so that I can get my husband's and he can get my records without question. Also, some doctor's offices have these forms.

Contact the local bar association and explain your circumstances. There may be an attorney who can have the forms ready for signing free of charge (our local bar association has a grant to provide these services for free).

The standard to sign a health care proxy, power of attorney or medical release is less than the standard for guardianship (in some states). You may have the capacity to know who you want making medical decisions for you, but not have the capacity to make the medical decision. (I know of people with Down syndrome and mild to moderate mental retardation who could execute such a document but not be able to understand the medical information itself.)

[lisajean]

Thanks all for the info. I'll be looking into your suggestions!
Lisa