Ideas. Lessons Learned, and Occasionally, Opinions

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On August 5, 2016
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Picture this scenario, which gets repeated all too frequently: 

A young man goes to college. Two months later he is rushed to the hospital and into the operating room for an emergency appendectomy. His mother calls the hospital in a panic and asks to know what is happening with her son. The hospital says, “I’m sorry; I cannot give you that information.” She says “But I’m his mother!” The response: “That doesn’t matter. For all of our adult patients, we can only give information to those authorized to receive it, and you are not authorized.” 

You’ve educated your clients on the need for a Power of Attorney for Healthcare (aka healthcare proxy) for themselves, listing who can make their medical treatment decisions if they are unconscious or incapable of making those decisions. Clients may also be aware that HIPAA forms, which they regularly fill out at the doctor’s office when they have appointments, detail who can have access to their medical records.

What most clients don’t realize is that their kids need to have these documents in place as soon as they turn 18. Then they are legal adults, and no one gets access to their medical records or treatment information without express permission. 

To avoid nightmare scenarios, take the following steps: 

  1. Ensure all of your clients complete the Power of Attorney for Healthcare, listing a trusted person and at least one alternate in case the designee cannot serve. Also remind them that when they update their HIPAA forms with their doctors, they need to include those same trusted people and perhaps other family members as well. 
  2.  Keep track of clients’ children as they age. Offer to start educating the children about financial matters as soon as they are old enough, so that over time they learn about building a budget, the value of compound interest, the cost of long-term debt like a mortgage or lengthy car payment plan, the benefits of regular savings, and the realities of paying for college. Then, as soon as they turn 18, make sure the now-adult children have a Power of Attorney for Healthcare, hopefully naming the parents as their healthcare proxies, and that they fill out the HIPAA forms at their doctor’s office.
  3. When an adult child goes to college, recommend that parents ensure the child fills out a HIPAA form at the Student Health Service and at the hospital in the town, listing the parents and perhaps other trusted family members as people who can have access to medical records.

If the aforementioned young man had these documents in place, his panicked mother would have been given full access to his medical records and the details of his situation. She would also have had the right to make treatment decisions on his behalf while he was unconscious and unable to make them himself. 

Especially given the state of our healthcare system, your clients and their family members need to take control of assuring who has access to medical information and the right to make treatment decisions. Addressing these areas with your clients helps you protect them and also extends your reach into the next generation. Any client who encounters such a situation will be forever grateful for your wise and prescient guidance. 

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