[CA] How do I get access to my elderly father's medical records?
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In California, he may execute a Healthcare Power of Attorney (also known as an Advance Health Care Directive).
Here is the official form he may use - California Advance Health Care Directive Form
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My father is elderly. I need to start getting all his medical information to help with his care. I’m thinking I need a HIPAA form that I can just write the doctor’s name into. But is it legal to write in the doctor’s name on a signed form? Is there a different way I should be handling this?
Thank you for choosing AskaLawyer! My name is Jessica, and I am a licensed attorney assisting you with your question. I understand you're having issues obtaining your father’s medical records.
Have you already spoken to your father’s doctors about accessing his information?
I’m getting mixed reactions, but basically they all say it has to be in writing before they give me any real information.
Are you his power of attorney?
He does not have one. I just want to help him. He gets very confused.
Is he legally competent to sign a Power of Attorney?
Yes, but I don’t know how to do that. Is it possible to do one just for medical?
Yes, he may sign a Healthcare Power of Attorney and appoint you to be in charge of his medical decisions.
What state is he a permanent resident of?
California.
In California, he may execute a Healthcare Power of Attorney (also known as an Advance Health Care Directive).
Here is the official form he may use - California Advance Health Care Directive Form
But isn’t that just for when he is unable to make decisions?
No, it gives you legal access to his medical records immediately upon his signing it—provided he authorizes it that way in the document.
Okay, so if I complete that form and have him sign it, I can just give it to the doctors?
That is correct.
Okay then, that is what I will do. Thank you very much.
