Decide what access you want to give
Start with the practical question: who should be able to receive health information, and for what purpose? You may want a person to receive information without giving that person authority to make healthcare decisions. Consider whether the authorization should cover information broadly or be limited to particular information or circumstances, and whether it should remain in effect for a defined period or under another duration you choose.
Think through changes that could affect your choice, such as a change in the person you trust or a change in the kind of assistance you want. A clear scope and duration can help distinguish routine access from decision-making authority.
Keep information access separate from healthcare authority
A HIPAA authorization allows information sharing within its terms; it does not, by itself, appoint someone to make healthcare decisions. Under HIPAA, state-law authority to make healthcare decisions can make someone a personal representative. That is a different basis for access, so do not assume that an agent always needs a separate authorization—or that an authorization alone makes its recipient your healthcare decision-maker.
Tennessee’s Advance Directive for Health Care form addresses an agent or alternate and healthcare preferences. A healthcare power of attorney and an advance directive concern healthcare authority or preferences; an authorization concerns access to information. Review how these documents work together rather than treating them as interchangeable.
Prepare a recipient-and-access worksheet
Before discussing documents, write down the names and contact information of the people you are considering. For each person, note the information you want them to receive, any limits or purpose you have in mind, and how long you want access to continue. Mark separately whether you are considering that person for healthcare decision-making authority. This simple comparison helps surface mismatches—for example, someone who should receive updates but should not be the person you select to make decisions.
Gather any current HIPAA authorizations, healthcare powers of attorney, and advance directives. Check the names, roles, and instructions across them, and note anything that is outdated, unclear, or inconsistent. Do not assume that one document changes another merely because both name the same person.
Questions to resolve before signing
Ask who is permitted to receive information under each document, what information and circumstances the authorization covers, and when the authorization ends or can be changed. Ask whether your chosen healthcare agent’s authority is addressed in a separate document, and how the authorization and directive should be shared with the people or providers who need them.
Dale Law Group, PLLC offers HIPAA authorizations, healthcare powers of attorney, and advance healthcare directives and living wills as estate-planning services. The firm serves Tennessee; its office is in Murfreesboro, not Mayland. Mayland is an unincorporated Census-designated place in Cumberland County, rather than a separate city government.
Questions to bring to the discussion
Does a HIPAA authorization appoint my healthcare agent?
No. An authorization concerns access to health information; it does not, by itself, appoint a decision-maker. Healthcare decision-making authority may arise from state-law authority, so review the relevant healthcare documents together.
Should I name the same person on my authorization and healthcare directive?
That depends on whether you want the same person to receive information and make healthcare decisions. Compare each person’s intended role, the access you want to grant, and the documents currently in place.
Discuss your next step with Dale Law Group
Begin with a brief, non-confidential overview. The firm will discuss your needs and appointment arrangements.
General information, not advice for a particular situation. Sending an inquiry does not create an attorney-client relationship.
