[TN] Which signature is notarized for a medical POA?
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Yes, a medical POA only requires the grantor of the power to sign in front of a notary. The agent doesn’t have to sign. But you do need two witnesses to sign as well. They can be anyone over 18.
This is a free template Medical POA you can use if you don’t have one already.
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I just completed a medical power of attorney form for my daughter, who is 18. I (mom) am the first agent. If we indicated my husband as the first alternate agent, can just my daughter and I go get the form notarized? Can my husband sign without being present with the notary?
I understand that navigating the requirements for a medical power of attorney can be confusing. Can you confirm if your daughter is currently able to make her own medical decisions?
Yes.
Have you already checked the specific notarization requirements in your state regarding the presence of all agents?
No
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your medical power of attorney.
I don't know.
Hello and welcome to the site! My name is Barrister and I am a licensed attorney and I am here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer or reply as I am typically working with several customers at once on the website. I have read your post and I am sorry to hear you are having to deal with this situation as I realize it can be frustrating and confusing.
Just to be clear here, do you mean that your adult daughter just completed a medical power of attorney nominating you as her agent to make decisions on her behalf if she is unable to make them for herself regarding her medical care?
Yes
Can you tell me what state you are in?
Tennessee
Yes, a medical POA only requires the grantor of the power to sign in front of a notary. The agent doesn’t have to sign. But you do need two witnesses to sign as well. They can be anyone over 18.
This is a free template Medical POA you can use if you don’t have one already.
Ok thank you. One more quick question. I’ve heard it’s recommended that we have some sort of HIPAA form signed so my 18-year-old daughter can give me the ability to see her medical records or talk to doctors in case she needs help navigating anything. Is this covered by the Medical Power of Attorney form or is that a separate form?
The HIPAA release is a different form and basically says that the principal is giving authority to the people named in the release to access their medical records without any further action being necessary.
The reason this form came up is because there were issues about a medical power of attorney agent being able to obtain medical records for the principal in situations where the agent was attempting to confirm that the principal was incompetent and the medical facilities were refusing to provide those medical records so that the agent could do their job if the principal was incompetent and was refusing to allow access.
So the short answer is yes you also need a HIPAA release form signed by your daughter granting you and your husband the right to obtain her medical records if necessary.
Did you have any other questions about this situation I can help with?
I hope I was able to help with any questions you had about the situation. It was my pleasure to work with you and help with your question.
