Information for Caregivers
If you are a caregiver for someone else, don’t assume you automatically
have rights to that person’s information, even if you are an immediate
family member. Parents take note: Even dependent children under the age of
18 have special rights in certain circumstances.
To access another adult’s information:
- Have the person you are caring for submit written authorization to
his or her doctors and healthcare facilities.
- In that authorization, the patient should include language that gives
permission to release all information regarding treatment and care to
you, and/or anyone else the patient wants to have access.
- This document might also include the names of people the information
should NOT be shared with. An example might be a domestic abuse case
where the wife would request that a husband not have access to any information.
- Then
you’ll need to give this authorization to the healthcare
facility’s Health Information Management Department.
In cases of lengthy or permanent incapacity, a legal guardian for
the patient may be appointed through court proceedings. In that
case, the legal
guardian can access the patient’s health records and decide who
else can see them.
When incapacity is anticipated, a person may grant power of
attorney to another
person. Power of attorney is the legally recognized authority to act and make
decisions on behalf of another party. This authorizes the designee to act on
behalf of the person who is now incapacitated. The person with power of attorney
is often responsible for making decisions regarding the disclosure of health
information to others.
But, there are different types of power of attorney. Some grant very broad
powers to the holder; others are limited to specific issues, such as consenting
to healthcare. Be sure you and your loved one understand what sort of power
of attorney will serve you both best.