Full question:
My sister and mother both reside in Ozaukee County, WI. My sister has Power of Attorney for Health Care and all other matters (financial, etc.) for my mother, who is in an Alzheimer's group home. We are concerned that my sister is usurping her position and she refuses to add me (my mother's natural daughter) to the list of individuals who can get medical information about my mother. My question is whether I'm entitled to access about my mother's medical condition and if so, how can I enforce my right to receive this information.
- Category: Power of Attorney
- Date:
- State: California
Answer:
Access to another person's private health information can be granted through a power of attorney, health care directive, or living will. However, the individual must be competent when granting this authority. A power of attorney is a legal document that allows someone to make decisions on behalf of another person, known as the principal. The person designated to act on behalf of the principal is called the agent or attorney-in-fact.
For a power of attorney to be valid, the principal must have the mental capacity to understand the nature of the document at the time of signing. If the principal's decisions conflict with those of the agent, the principal's decisions take precedence, provided the agent has consulted the principal beforehand.
The agent has a fiduciary duty to act in the principal's best interest, which includes keeping the principal's funds separate from their own and maintaining detailed records of all transactions made on the principal's behalf. If an agent acts against the principal's interests or outside the authority granted, they may be held personally liable.
If a person becomes incapacitated without a durable power of attorney, it may be necessary to establish a guardianship to manage their welfare and financial affairs. Guardianships can be over a person, their estate, or both, with the guardian responsible for daily financial matters and care.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.