QUESTION

Brother has a DPA for MOM. Mom has been put in nursing home and won't let his sisters call to see haw she s doing.

Asked on Dec 13th, 2020 on Elder Law - Kansas
More details to this question:
Brother has a DPA for Mom and has put her in a nursing home, (she needs to be there) Brother has advised the sister that they are not allowed to call nursing home staff and find out how she is doing. They can for now 'anyway' call and talk to her. She is at the point now that sometimes she can talk normal for a minute, maybe.! She is unable to express to them about her situation. What can be done to make the Brother consent to let them talk to staff about how Mom is doing? what
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
The agent under either a Durable Power of Attorney or a Medical Power of Attorney does not have the authority to make this decision.  Authority to share medical information is granted by someone (in this instance, your mother) by signing a HIPAA Medical Information Release stating who may disclose medical information, any limitations on what may be disclosed, and to whom it may be disclosed.  Sometimes this is a separate document.  Sometimes it is incorporated in the Medical Power of Attorney. Please keep in mind that nusring homes typically designate one family member as the point of contact.  This is designed to assure that one party has all the information and can share it with others rather than each person having a piece of the picture (recall the story of the blind men and the elephant).  
Answered on Dec 14th, 2020 at 5:18 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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