• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

The OBrien Law Firm

Estate & Trust Planning Information Center

Call Now: (216) 472-1500

Attend a Free Workshop
  • Home
  • Our Firm
    • About Our Firm
    • Attorney and Staff Profiles
  • Services
    • Asset Protection & Business Planning
    • Elder Law & Medicaid Services
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Financial Planning Assistance
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
  • Workshops
  • Resources
    • Client Care Program
    • Elder Law Reports
    • Estate Planning Articles
    • Financial Advisors
    • Frequently Asked Questions
      • Estate Planning FAQ’s
      • Frequently Asked Questions for Families Without an Estate Plan
      • Legacy Wealth Planning FAQ’s
      • LGBTQ Estate Planning Frequently Asked Questions
      • Trust Administration & Probate Frequently Asked Questions
    • Newsletters
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
      • Trust Administration
  • COMMUNITIES WE SERVE
    • Beachwood
    • Cleveland
    • Willoughby
  • Contact Us
  • BLOG
Home / Estate Planning / What Is a HIPAA Release?

What Is a HIPAA Release?

December 16, 2020 by Michael O'Brien

HIPAA releaseThe acronym HIPAA stands for the Health Insurance Portability and Accountability Act of 1996. In this post, we will explain why this piece of legislation is something to take into consideration when you are planning your estate.

Advance Directives for Health Care

Everyone is well aware of the fact that you have to facilitate postmortem asset transfers when you put your estate plan in place. A lot of people think this is the long and short of it, but a proper estate plan will also address eventualities that you may face toward the end of your life.

Nobody wants to think about this type of thing, but people usually do not pass away without experiencing a period of incapacity in one form or another. It can be cognitive or physical, and people that are on strong medication can become unable to communicate sound decisions.

To account for these possibilities, your estate plan should include documents called advanced directives for health care. One of them is a living will.

With this type of will, you state your wishes with regard to the use of feeding tubes, artificial hydration, resuscitation, and mechanical ventilation. You can address each of these different forms of life support individually, and you can add comfort care medication and organ and tissue donation choices.

The other advance directive that is necessary is a durable power of attorney for health care. This document is used to name someone to act on your behalf if you become unable to communicate your own decisions. These would be matters that are not covered in the living will.

HIPAA Release

Now that you understand the incapacity planning component, we can look at the Health Insurance Portability and Accountability Act. This measure prohibits medical professionals from sharing information with anyone other than the patient.

Obviously, your health care agent would not be able to do the job without access to this crucial information. Your incapacity plan should include a HIPAA release to give the doctors the ability to communicate freely with your agent and anyone else that you choose to add.

While we are on the subject, we should point out the fact that HIPAA protections extend to all adults, even people that just turned 18. As a result, if you have an 18-year-old child, doctors would not be able to discuss their medical condition with you.

For this reason, if you are a parent, you should explain the situation to your young adult child so they can sign one of these forms. They can also make you the agent under a durable power of attorney for health care.

Financial Decision Making

Your incapacity plan should also address the financial part of the equation. If you have a living trust, you would act as the trustee while you are alive and well. To account for possible incapacity, you can name a disability trustee when you establish the trust.

For property that is not held in the trust, you should execute a durable power of attorney for property. You can use the same person to act as the agent for both powers of attorney, but this is not a requirement.

Attend a Free Workshop

We are conducting a number of workshops over the coming weeks, and we will break down the process into simple, easily understandable terms. There is no charge to attend these sessions, but we ask that register in advance so we can reserve your seat.

To see the schedule and obtain registration information, head over to our workshop page. When you identify the session that you would like to attend, follow the simple instructions to register.

Need Help Now?

If you have learned enough to know that it is time for you to put an estate plan in place, our doors are open. You can send us a message to request a consultation appointment, and we can be reached by phone at 913-262-2000.

 

 

  • Author
  • Recent Posts
Michael O'Brien
Latest posts by Michael O'Brien (see all)
  • Application of the Transfer for Value Rule to the Sale of Life Insurance - May 17, 2022
  • What Estate of Marion Levine Means for Life Insurance - May 10, 2022
  • Let’s Talk about Trusts…and Taxation - May 3, 2022

Filed Under: Estate Planning Tagged With: HIPAA Release, Incapacity Planning

Other Articles You May Find Useful

Estate Planning – Something You Shouldn’t Do Yourself
Application of the Updated Life Expectancy Tables
Insuring Real Estate
The Importance of Insuring Real Estate
Planning
Tax Proposals Could Alter Estate Planning Landscape
trust
Updating Your Plan: Your Trust or Will
public charity
It’s Better to Give, Especially This Year

Primary Sidebar

Download our free estate planning worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • LinkedIn
  • Twitter

Testimonials

default image

Michael and his team work very closely with you to help build a strategy for you regarding estate planning. They do not overdo it. They work hard to be certain their suggestions/recommendations fit your needs. Michael asks great questions, listens well and delivers on his commitments. I was very appreciative and hugely satisfied.

Anonymous Client Review September 8, 2020

default image

Personal, professional service and follow up. Did what he said he would do at the agreed price.

Paul Client Review September 8, 2020

default image

Michael has a comprehensive knowledge of estate palnning needs and trust issues. I trust his guidance and counsel completely.

Jim Client Review September 8, 2020

Blog Subscription

  • This field is for validation purposes and should be left unchanged.

Willoughby Office

WILLOUGHBY
38027 Euclid Avenue
Willoughby, OH 44094
Phone: (440) 951-1525
Fax: (440) 951-1807

Beachwood Office

BEACHWOOD
25550 Chagrin Boulevard, Suite 100
Beachwood, Ohio 44122
Phone: (216) 472-1500
Fax: (216) 593-0914

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM

Map

map for obrien law office

Footer

footer-logo
  • Facebook
  • LinkedIn
  • Twitter

The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys


© 2022 American Academy of Estate Planning Attorneys, Inc.