Legal Question in Wills and Trusts in Michigan
New Powers of Attorney w/HIPAA waiver language
I have a living trust. My Power of Attorney was signed prior to 2004. I was recently told to fill out new Health Care Powers of Attorney & Property Powers of Attorney containing provisions providing authorizations required by HIPAA. These two forms are very costly. Is this really necessary if I wish to keep the same people as successor agents and patient advocates?
2 Answers from Attorneys
Re: New Powers of Attorney w/HIPAA waiver language
You should fill them out, but if the forms are costly at one attorney, find another that may be less costly. There is more than one attorney in Michigan that will perform this service for you. Also, make sure that your items of property are titled in the name of the trust or else the trust is worthless for the most part. This is called 'funding' the trust, and many people who sell trusts (most of them are non-attorneys) fail to perform this rather simple act.
Re: New Powers of Attorney w/HIPAA waiver language
For powers of attorney drafted prior to the enactment of HIPAA or without reference to HIPAA, problems could (theoretically) arise with some health instutions over the release of medical infomation. It is not a bad idea to update your powers of attorney to reflect HIPAA. Updates do not have to be that extensive or expensive. Please contact me with any further questions at www.lawgreg.com or (248) 305-5840. -Greg
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