[OK] Can I access and discuss my sister’s medical records with a Durable Power of Attorney?

OK Legal (General)

Do I need additional terms to be able to view/talk to doctors and for medical records?

February 2, 2026

Craig

4,561 satisfied customers

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To address your question about the DPOA and medical authority, here's what you can do:

Review the Current DPOA
Since you've already filled out a DPOA for financial matters, check if it includes any provisions for healthcare decisions. Some DPOAs are comprehensive and cover both financial and medical aspects.
Add Medical Authority
If the current DPOA doesn't include medical authority, you can either amend it to include healthcare decisions or create a separate document known as a Healthcare Power of Attorney (HPOA). This document specifically grants you the authority to make medical decisions and access medical records.
Draft a Healthcare Power of Attorney (HPOA)
You can draft an HPOA that specifies your role in managing her healthcare needs. This document should clearly state your sister's consent for you to access her medical records and communicate with her doctors.
Ensure Compliance with State Laws
Make sure that the DPOA and HPOA comply with the laws of Oklahoma, where your sister resides. Each state has specific requirements for these documents to be legally binding.
Consult with an Attorney
It might be beneficial to consult with an attorney who specializes in elder law or estate planning to ensure that all documents are correctly drafted and executed. They can also help you understand any additional legal steps you might need to take.
Execute the Documents Properly
Once the documents are prepared, ensure they are signed, witnessed, and notarized according to Oklahoma's legal requirements. This will make them valid and enforceable.

Please let me know if you have further questions.

Oklahoma Durable Power of Attorney for Healthcare

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Do I need additional terms to be able to view/talk to doctors and for medical records?

Lexi, Chatbot

I understand that navigating medical records and communication with doctors can be complex. Have you already attempted to access your medical records or communicate with a specific healthcare provider?

No, this will be on behalf of a family member.

Lexi, Chatbot

Are you seeking information regarding a particular type of medical record or a specific healthcare facility?

All medical records.

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your medical records.

No that I can think of

Craig

Hey there! I'm Craig, an attorney with many years of experience. Just so you are aware, this platform is for legal information only. No attorney-client relationship is formed from our conversation. You're looking to access medical records on behalf of a family member. Could you tell me more about what specific records or information you're hoping to obtain?

My adult sister has mental disabilities. Her husband passed away a year ago and I've been managing her finances. I'd like to be able to have access to her medical records and to be able to discuss any of her medical stuff with her doctor(s).

Craig

I'm sorry to hear about your sister's situation. To help you better, could you let me know which state or country you're in? Also, does your sister have the capacity to give consent for you to access her medical records, or would you be looking to obtain some form of legal authority to do so?

She's in Oklahoma and I'm in Texas. I have a durable POA that I'm doing right now and she's willing to sign so that I have access to all her stuff. She knows she's not capable of handling it all. I would like to have the legal right to talk to her doctors and look at medical records. She doesn't take her medication as she's supposed to.

Craig

Based on your situation, there are several legal considerations in Oklahoma and Texas that could potentially support your case:

In both states, a Durable Power of Attorney (POA) can grant you the authority to manage financial and healthcare decisions for your sister. This document allows you to act on her behalf, including accessing her medical records and communicating with her healthcare providers, as long as she is willing and able to sign it. (OK Stat § 1004)

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that protects the privacy of individuals' medical records and other personal health information. However, with a valid POA, you can be designated as a personal representative, which would allow you access to her medical information under HIPAA regulations.

Additionally, if your sister is unable to make informed decisions about her healthcare, you might consider seeking guardianship through the court. This legal process would give you the authority to make healthcare decisions on her behalf.

Let me know if you have any questions or clarifications, if not I'll move forward with guidance.

I won't be able to get guardianship as she's held a job for 30 years. She actually works for the Native Americans at one of their hospitals doing medical billing. I filled out a DPOA on this site but it looks like it was only for financial. Do I just need add in the medical or is there a separate form for medical?

I don't think it's an issue of her not being able to make medical decisions, she doesn't tell me about any issues. And then I find tons of medication that she hasn't been taking - blood pressure/anti-depressants etc.

Craig

To address your question about the DPOA and medical authority, here's what you can do:

Review the Current DPOA
Since you've already filled out a DPOA for financial matters, check if it includes any provisions for healthcare decisions. Some DPOAs are comprehensive and cover both financial and medical aspects.
Add Medical Authority
If the current DPOA doesn't include medical authority, you can either amend it to include healthcare decisions or create a separate document known as a Healthcare Power of Attorney (HPOA). This document specifically grants you the authority to make medical decisions and access medical records.
Draft a Healthcare Power of Attorney (HPOA)
You can draft an HPOA that specifies your role in managing her healthcare needs. This document should clearly state your sister's consent for you to access her medical records and communicate with her doctors.
Ensure Compliance with State Laws
Make sure that the DPOA and HPOA comply with the laws of Oklahoma, where your sister resides. Each state has specific requirements for these documents to be legally binding.
Consult with an Attorney
It might be beneficial to consult with an attorney who specializes in elder law or estate planning to ensure that all documents are correctly drafted and executed. They can also help you understand any additional legal steps you might need to take.
Execute the Documents Properly
Once the documents are prepared, ensure they are signed, witnessed, and notarized according to Oklahoma's legal requirements. This will make them valid and enforceable.

Please let me know if you have further questions.

I talked with a friend in family law in OK and she sent me a different POA that included medical. It's in PDF form and I can't edit so I looked for one on here and it seems like it would have to be 2 different documents.

Craig

Regarding the POA, if the document you received is in PDF form and not editable, you have a couple of options. You can either look for an editable version online or use software to convert the PDF into an editable format. Alternatively, you can create two separate documents: one for financial matters and another for healthcare decisions. This might be more straightforward if you're having trouble finding a combined form.

Have you tried any specific tools or resources to edit the PDF, or would you like some recommendations?

I'll look into that.

Craig

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