The other day, I joined my clients and their attorney to update their estate plan. Whenever a client creates or updates estate documents, we like to attend. We act as translators for them and ask key questions that clients might not consider. During the meeting, the topic of health directives and HIPAA release forms came up.

A health directive, or advance directive, is a legal document that provides medical care instructions that go into effect if you are unable to communicate your own wishes. Two of the more common directives are living wills and durable power of attorneys for health care. Living wills detail out to doctors how you want to be treated in an emergency. A durable power of attorney for health care names a person who can act as your health care proxy and make decisions when you can’t.[1]

A HIPPA release form allows healthcare providers to share a patient’s information with certain people specified in the form. With this form, patient information can be given to a parent, insurer, or even an employer. Without it, that information cannot be legally given.

As we spoke about these directives, my client shared a frightening experience. She was hospitalized and unconscious without warning. She couldn't give consent for anyone to access her medical information. Her husband knew she was in the hospital; however, without an advance healthcare directive or state HIPAA release, the hospital couldn’t share any details about her condition. It wasn’t until she woke up 24 hours later that she could give verbal consent for her husband to be brought into the loop.

A former neighbor of mine had a similar scare. At 2 a.m., a hospital in Provo called their home, trying to reach their son. The hospital couldn’t say why—only that he needed to call them back. After some time, his parents finally reached him. He called the hospital and learned that tests he’d done earlier that day showed he had leukemia. Treatment needed to begin immediately.

Both stories show why healthcare directives and HIPAA forms matter. They’re important for you, your spouse, and any children you care for or insure. Without these documents, hospital staff can't share key information in moments when it’s needed.

During our Wealth Transfer meetings, we review these documents with you. We ensure they are finished, current, and shared with those who need to act for you.

- Marvin Ellis (Branch Manager)