Legal Issues

When a family member is sick or disabled, families are motivated to think about financial, personal and health decisions. Many of these decisions have legal implications. The following are some of the more common legal planning tools and health privacy rights. Always seek an attorney for advice.

Durable Power of Attorney

This document enables one person (principal) to give legal authority to another person (called the agent or attorney-in-fact) to act on behalf of the principal. The agent can act when the principal cannot act on his/her own. The document can have instructions and limitations as needed.

Trust

An agreement under which one person or institution called the trustee holds the title to property for the benefit of other persons called beneficiaries. It is used for the lifetime management of property (living trust); however, there are some trust agreements that begin at death (testamentary trust). A trust can sometimes create serious problems for some programs such as Medicaid. Also, a trust can have important tax consequences. Remember to consult an attorney for advice.

Advance Directives for Healthcare

• Healthcare Power of Attorney
  This document enables you to appoint another individual to make healthcare decisions when you are too disabled to do so. Most states have standard forms that you can use.
• Living Will
  A written instruction that allows you to spell out your medical treatment wishes and usually applies only to a terminal illness or a coma-like state.
  

Privacy and Health Information

The federal law, Health Insurance Portability and Accountability Act (HIPAA), gives patients rights over their own health information and sets rules as well as limits on who can look at or receive their health information. Some of the features of HIPAA that a stroke survivor should be aware of are:

• Ask to see and get a copy of your health records
• Have corrections added to the information
• Receive a notice that your health information may be used and shared
• Decide if you want to give your permission before your health information can be used
  
  

For more information about your privacy rights, check the U.S. Department of Health and Human Services, Office of Civil Rights, http://www.hhs.gov/ocr/hipaa/.