A power of attorney for health care is similar to a durable power of attorney but is limited to making medical decisions for you if you become unable to do so on your own. An example might be if you have a stroke or are unconscious due to an accident and a decision must be made about the type of medical care you are to receive. In such a case, your medical attorney in fact will be able to direct your care if you have authorized such power in writing, in advance.

Many older health care powers of attorney do not comply with a new law, the Health Insurance Portability and Accountability Act (“HIPAA”). Under HIPAA, doctors cannot release medical information about you to anybody else without your written authorization to do so, using specific language required by the Act. Older durable powers of attorney may not have the current language. In such a case, your medical attorney in fact may have authority to make decisions for you, but may not have access to the information necessary to make good decisions. If you have an older medical power of attorney, it is a good idea to have it reviewed for compliance with HIPAA.

For more information about HIPAA, see this government site and the AARP's site on HIPAA. For more information in general about durable powers of attorney for health care (and for other purposes) see Washington Law Help (click on “aging/elder law”), Law For WA (click on “prevent and solve legal problems” and then on the subject of interest) or the Oregon Bar Tel-Law web page.

Although a “living will” or advance directive to physicians will cover situations where you are terminally ill, a durable power of attorney for health care can cover a much broader range of situations. By designating in advance someone to make such decisions and discussing your feelings and wishes about your own medical care with that person, you can help assure that your medical treatment will be what you want, even in situations when you are unable to speak for yourself.

Peter L. Fels, P.C. can draft documents that meet your needs. Call us for a consultation or an appointment to prepare durable power of attorney for your health care or to review and update any form which you have now.