“I am concerned about what would happen if I were to become ill and if I lacked the capacity to make my own health care decisions. Specifically, I am wondering whether my agent (Power of Attorney for Health Care) would be able to access my medical records and whether he/she would be able to speak to my doctors on my behalf. "

Answer:  Your agent should be given access based on his/his status as agent.  It is, however, advisable to sign a release granting your agent the right to any information that may be protected under HIPPA, or include some language in your Health Care Proxy.

Sonya Mittelman, Attorney at Law
Law Office of Sonya Mittelman
Bronx, New York  10461
Member of the national ElderCare Matters Alliance, New York chapter

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