You might wonder if a power of attorney (POA) agent can access your medical records. The answer depends on the specific type of power of attorney you grant and the scope of authority it provides. Understanding how this works helps you protect your privacy while making sure someone you trust can manage your healthcare and make decisions when necessary.
What is a medical power of attorney?
A medical power of attorney grants an agent the explicit authority to make healthcare decisions on your behalf. This agent communicates directly with doctors, hospitals, and insurance companies. Accessing your medical records usually falls under these responsibilities because the agent needs the information to make well-informed healthcare choices that align with your wishes.
How does California law affect access?
California law gives a medical POA agent the legal right to review and obtain your medical records once the POA becomes effective. Healthcare providers must provide the agent access when the agent presents proper documentation verifying their authority. However, you limit this access to the duration of the POA and the specific scope of authority you define within the document.
What if you only have a financial POA?
A financial power of attorney does not grant access to your medical information. Agents appointed under only a financial POA cannot view medical records or make healthcare decisions on your behalf. If you want someone to access your medical information, you must create a separate medical power of attorney or healthcare directive that explicitly grants that authority.
Protecting your privacy
You can set clear limits on what your medical POA agent can do by detailing them explicitly in the document. If you worry about sensitive information, specify which medical records the agent can access and which they cannot. You also keep the right to revoke or amend the POA at any time if your preferences or circumstances change.
Managing your medical care includes making sure the right person has access to your medical records when necessary. Understanding the type and scope of the POA you have established helps you maintain control over your personal information while ensuring your healthcare decisions follow your wishes.
