Medical Power of Attorney

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A Medical Power of Attorney is a legal document that enables a person (the "principal") to name someone else (the "agent") to act on the principal's behalf related specifically to critical medical-treatment decisions.

Effective Date

It takes effect when the principal is incapacitated, certified in writing by the principal's attending physician. The agent has certain powers related to medical-treatment decisions.

Agent's Authority

The agent can have broad or limited authority to make decisions about the principal's medical care.
 

HIPAA Requirement

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The Health Insurance Portability and Accountability Act of 1996 (HIPAA) requires an express authorization for disclosure of confidential information. A Medical Power of Attorney is not an express authorization for disclosure of confidential information under HIPAA. This requires a HIPAA Authorization.