Sometimes there will be friction between adult children or step parents and an aged child which will preclude access to an adult child’s parent, especially if that adult parent is in a weakened condition mentally or physically.
I had a friend call me recently where the octogenarian “wicked step mother” was limiting this middle aged adult child’s access to her own father. The father had declined physically and mentally. I had another situation where there were several adult daughters and two of the daughters moved the mother out of state to a nursing home facility and did not let the other daughters know where the mother was located. Nor did they provide telephone numbers or any contact information so that more than one of the adult daughters did not get to see their mother the last several years of the mother’s life. The mother was physically and mentally weak and unable to reach out herself to contact all of her adult daughters.
What can you do to help remedy this situation? Health Care Designations, regularly referred to as HIPAA documents, provide that the listed individuals have access to medical information for the person who signs that document. In the first case, if the adult daughter knows the medical providers where her father is treated, she can contact them and have access to information from his medical providers, which would give her an update on his current health status. This is different from a Health Care Power of Attorney or Health Care Proxy in that she cannot authorize medical treatment, but does have access to medical information.
This authorization of medical information is under federal law. The medical providers have a hefty fine if they provide information to the wrong parties. Therefore, they are much more protective of medical information than in past years.
Make sure that your Estate Plan adequately provides for access to medical information to the loved ones you wish to have that information. If you do not, they will not be able to get information.
Another vehicle is a Guardianship Proceeding where an adult child comes in and basically applies for custody of their parent. This was discussed in detail in my blog titled Adult Guardianship Is a Custody Case.
Make sure that you use a qualified Estate Planning Attorney who limits their practice to Estate Planning and do not rely on “on-line” forms. They likely won’t work when the vital time comes and you are unable to obtain the needed legal authorization.
At the Law Firm of Steven Andrew Jackson, Attorney and Counsellor at Law, we have helped hundreds of families protect themselves and their loved ones, avoid Estate Taxes and Probate Costs, and keep their Estate Plans current with the law through The Customized Protective Estate Planning Solution™.