[MD] What type of healthcare power of attorney should I use for my college-aged child who may require urgent medical care?

MD Family Law

Liz

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In Maryland, a "normal" medical POA typically allows someone to make healthcare decisions on behalf of another person, even if the person has capacity as they agreed to it. It may not survive if she becomes incapacitated. A durable power of attorney survives incapacity but often doesn't take effect until that incapacity is triggered. (MD Estates and Trusts Code § 17-105)

If she has bank accounts, student loans etc., you may also want the financial. And 2 witnesses and the notary are needed. (MD Estates and Trusts Code § 17-202) The POA should cover access to records without a separate HIPAA release.

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Hello - I have a child in college and would like to have a POA for healthcare issue for them - which form should I use in the state of Maryland? Also, for college students - do you write the power only if "they are mentally disabled" or write to be used all the time so we can assist in medical decisions?

Lexi, Chatbot

I understand that navigating healthcare decisions for your college-aged child can be challenging. Have you already discussed the need for a Power of Attorney (POA) with your child?

Yes

Lexi, Chatbot

Is your child currently experiencing any health issues that might require immediate medical decisions?

Yes - she has a condition that may cause flares that require urgent medical care.

Liz

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, does your child want you to assist with all medical issues?

She is open to it.

Liz

That will be the medical Power of Attorney. The durable one would only take effect if she is incapacitated. A general POA would also have financial powers. If she wants your help with bank accounts etc., you could discuss that as well.

Are they two separate documents? What is the difference between "normal medical POA" and "durable POA" in Maryland. I need two witnesses and a notary correct?

And will I need a HIPAA release of information? or the POA covers everything?

Liz

So in summary we would need three documents:

Normal POA (financial),
Normal POA (medical) and
Durable POA (in case she becomes incapacitated and the "normal medical" does not cover) - is this correct?

And who should have copies of these?

Liz

Correct, as that would be if she can't make decisions at all. You would keep copies and she should have a copy.

In case she refuses for us to make medical decisions - it would be only the durable correct? That would apply only if she becomes incapacitated? Where can we find definitions of incapacitated in Maryland?

Liz

She would have to be unable to make decisions in her best interest. Incapacity would actually be determined by a medical professional.

OK - is there any condition where she still makes her decisions but authorizes us to have access to her medical information (the doctors communicate with us) - so we can advise her without deciding on her behalf?

Liz

The regular POA can be just to allow access, or she could do a HIPAA consent.

My goal is to let her make her decisions whenever she is able to - but allow us to talk to doctors and receive information about her - and also advise her so she can decide. If she is incapacitated, I want to be able to make decisions for her and avoid having to go to court or things like that.

Liz

If incapacitated, that's the durable medical power of attorney. The HIPAA release also gives you the access to information.

So the HIPAA has to be signed when she is in the hospital correct? In case that happens, there is no way to have a HIPAA form signed in advance?

Liz

Actually, the HIPAA form can be signed in advance. It's a good idea to have it ready so that you can access her medical information if needed. This way, you won't have to worry about it during an emergency situation.

Can I include more than one person receiving her records - or it does it have to be one separate form for each person?

Liz

Usually each person would need a release.

Ok, thanks.

Liz

You're welcome!

Liz

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