Medical Release To Talk With Doctors
Q: I have been reviewing the various legal documents, medical POA, etc., preparing to launch another effort to persuade my father to sign them (I've gone over them with him in depth three times, have reminded him he needs to do it many other times, usually following up when other family members urge him to do it. He agrees, then makes excuses and won't actually sign them). But what I'm seeing is that we're in a Catch-22 situation: I need to have legal authority to deal directly with his doctor and health care provider system in order to get him diagnosed, and even with a medical POA I won't have that authority until *after* he is certified incompetent, a determination we won't get unless/until he gets to a doctor, which he won't do unless I arrange it, which I have no legal authority to do... His current doctor is willing to talk to me, but made it clear that in order to comply with patient privacy requirements we will have to have the specific permission of my father each and every time we talk. That's cumbersome itself, but is utterly impossible if I'm trying to contact his military retiree health plan provider, Medicare, his private-sector retiree health insurance, etc... People here have mentioned getting a release from their LO to allow various family members to discuss the LO's health issues with doctors, separate from the POAs. I've spent all morning searching the internet for such a document, and am mostly swamped with insurance waivers for kids in school sports and at camp, and referrals to lawyers. Does anyone off-hand have a source for a standard release for family members to discuss medical issues?
A: -Robert, you might try this URL. These are the POAs for Texas. I'll keep checking to see if I can find one for you to use in your situation. If you'd like, I can try to talk to the Legal Office here in San Diego about your situation with your dad and have them contact you. -Get the forms, a pen, and whoever he'll listen to and go over there and don't let him leave the room until his John Henry is on those things. Do not leave it up to him, don't leave them with him, tell you need them RIGHT now to go into the safety deposit box or whatever story you need to make up - do whatever you have to do. -Mary is absolutely correct. The time has come for you and your siblings to INSIST that he do it FOR YOU. Not because HE needs it but because YOU need it "in case of an emergency". Have a lawyer AND his doctor tell him that "Bob knows what I want and can tell them" won't work, that he HAS to sign advance directive documents to have his wishes carried out. You need a durable power of attorney for health care and you need it now so that you can not only talk to his docs, you can make decisions that he obviously cannot make. You also need one for his business affairs so that you can deal with insurance