Don’t Forget Your HIPAA Authorizations in Estate Planning

December 9, 2019

In the event that you become incapacitated, it will be important for anyone you have named as a power of attorney agent to be able to make decisions on your behalf.

If you are incapacitated, you are unable to make these decisions for yourself, but without appropriate estate planning documents, appointing someone else to do this, this can create confusion, chaos or even court hearings for your family members.

It’s important to also think about how the Health Insurance Portability and Accountability Act known as HIPAA limits disclosure, release or use of any individually identifiable health information.

Power of attorney agents and a legal heir could be eligible to get access to this information in order to use it to act on your behalf. However, even though there might be other people that you want to be informed about your current health status, it is important to include these people in your estate planning process.

For example, if you have a significant other to whom you are not married, that person is not necessarily entitled to automatically receive information about your health status. If your parents are approved to receive information about your health status, but do not have a good relationship with your significant other or are unlikely to inform your significant other about current condition, this can generate problems.

Make sure that you think about who else should be included as a power of attorney agent when establishing your estate planning documents.          


Practice Areas:



Schedule your free Exploratory phone call

Click here to see how we
can be of assistance.

Payment Portal
for Tax and Accounting invoice

This link offers a secure, quick way to complete your payment with Omni360 Advisors LLC.

Our Social Media

Connect with us on Social Media using the following buttons:

Visit our Podcasts

Listen in, Join the Conversation!

Recent Posts

Navigating the Step-Up in Basis: Core Rules, Critical Exceptions, and Strategic Benefits for Families and Business Owners

For many families, business owners, and high-net-worth individuals, one of the most valuable—but often misunderstood—tax concepts in estate planning is the step-up in basis. While discussions ...

<p>The post Navigating the Step-Up in Basis: Core Rules, Critical Exceptions, and Strategic Benefits for Families and Business Owners first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

New State Retirement Plan Requirements for Small Businesses in New Jersey and New York

Small businesses in New Jersey and New York may face new retirement plan compliance requirements in 2026. Learn who is affected, key deadlines, and important ...

<p>The post New State Retirement Plan Requirements for Small Businesses in New Jersey and New York first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

Understanding the K-Shaped Economy: Why Portfolio Diversification Matters More Than Ever

Learn what a K-shaped economy means, how it affects investors and business owners, and why maintaining a diversified portfolio may help navigate an increasingly uneven ...

<p>The post Understanding the K-Shaped Economy: Why Portfolio Diversification Matters More Than Ever first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>