Legal Question in Wills and Trusts in Nevada
Living Will forms - consistent with HIPAA?
Do your NV living will forms cover the potential impact of HIPPA?
Apparently under HIPAA, your physicians could not disclose medical information to your Agent/Successor Trustee, so they could determine if your were incapacitated, which is necessary for them to make medical and/or financial decisions.
Asked on 3/31/05, 2:40 pm
1 Answer from Attorneys
James Smith
James E. Smith Ltd.
Re: Living Will forms - consistent with HIPAA?
The Living Will or Directive to Physicians must be done in accordance with the statute which does not include HIPPA provisions. I would suggest a separate HIPPA form be signed giving authority to the attorney in fact to obtain medical records.
Answered on 3/31/05, 3:39 pm
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