As clients visit with me to take advantage of their free initial consultation, I normally take a few minutes to review any existing documents they have including their Living Wills and their Powers of Attorney.
One issue that comes up with some regularity here in Idaho has to do with whether those documents need to be updated.
In the past ten years, changes have been made to both federal statutes and state law that have changed the playing field for these documents.
Congress? enactment of the HIPPA statutes now makes it a federal crime for hospitals, physicians, and other health care providers to give someone other than the patient information about the condition and recommended treatment of that patient unless an express, written authorization under that statute has been signed by the patient.
So Medical Powers of Attorney and Living Wills that were created prior to the statute will lack that needed authorization.? Consequently, there is a risk that, even with an otherwise valid Power of Attorney in hand, a physician will still decline to discuss the medical condition of a patient with the authorized agent for that patient.? Same with Living Wills that do not make a specific reference to the HIPPA statute.
Consequently, if your Power or Attorney or your Living Will is more than a few years old, you should check it carefully to make sure that it includes an express reference to the HIPPA statute.? If it doesn?t, it?s time to have that document brought up to date.
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Whether you live in Boise, Meridian, Eagle, Star, Nampa, or other nearby communities ? in fact, anywhere in Ada County or Canyon County ? for additional easy-to-understand information on Idaho Wills, Trusts, probate, and estate taxes, visit the user-friendly website at?BarryPeters-Law.com.? Then call attorney Barry Peters? offices at (208) 939-2600 for an expedited appointment to begin the process of setting up your own Living Trust.? Or, if you have questions, please call Barry for a FREE OFFICE CONSULTATION or visit his Q & A pages at?BarryPeters-Law.com/common-questions.?As always, your?total satisfaction?is guaranteed by Barry Peters, Attorney at Law, where?all clients receive individual attention to the details of their unique circumstances.
Source: http://barrypeters-law.com/2012/03/23/barry-peters-time-to-update-living-will-power-of-attorney/
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