HIPAA Release vs. Health Care Power of Attorney

Information versus authority: the difference between the two health documents, and why most families need both.

By No Brainer Forms Team Updated 4 min read

Key Takeaways

  • A HIPAA release gives people you name access to your medical information. It does not let them make decisions.
  • A health care power of attorney names an agent to make medical decisions if you can’t. It usually takes effect only when you’re incapacitated.
  • Many health care powers of attorney include HIPAA language, but a separate HIPAA release lets family get information even when you’re still able to decide for yourself.
  • For a young adult, the two documents together let a parent find out what’s happening and act on it in an emergency.
  • Both can be revoked at any time while you’re competent.

The short answer

The difference comes down to information versus authority.

A HIPAA release answers the question “Can the doctor tell me what’s going on?” A health care power of attorney answers the question “Can I make a decision about treatment?” They solve different problems, which is why estate planners and doctors usually recommend both.

Side-by-side comparison

HIPAA releaseHealth care power of attorney
What it grantsAccess to your health informationAuthority to make medical decisions
When it’s activeAs soon as you sign itUsually only when a doctor finds you can’t decide or communicate
Who you nameOne or more people who may receive informationAn agent and, usually, an alternate
Typical signing rulesSignature and date; notarization optionalWitnesses, a notary or both, depending on your state
Can the person consent to surgery?NoYes, when you’re unable to
Best forKeeping family informed about routine and urgent careEmergencies, surgery, serious illness, end-of-life care
HIPAA release vs. health care power of attorney

A real-world example

Imagine a 19-year-old college student is in a car accident three states away from home.

  • With only a HIPAA release: the hospital can tell the parents about injuries and treatment. If the student is unconscious and needs surgery, the parents have no legal authority to consent; the hospital will follow state law on who decides, which may or may not include them.
  • With only a health care power of attorney: the parent named as agent can make decisions once doctors determine the student can’t. But before that point, or if the student is conscious but overwhelmed, providers may be reluctant to share details over the phone.
  • With both: the parents get information right away, and the named agent can step in to make decisions if the student can’t.

Doesn’t a health care power of attorney already include HIPAA access?

Often, yes. Many health care power of attorney forms include language authorizing the agent to receive medical information. But that access is usually tied to the agent’s role, which may not begin until the patient is incapacitated, and it only covers the agent. A standalone HIPAA release:

  • Works immediately, even while the patient can make their own decisions
  • Can name additional people, such as a second parent or a partner, who aren’t the decision-making agent
  • Is short and easy for a front desk to verify

What about a living will?

A living will (part of an advance directive in many states) records your wishes about life-sustaining treatment, such as ventilators or feeding tubes, if you’re terminally ill or permanently unconscious. Your health care agent uses it as a guide. Together, a HIPAA release, a health care power of attorney and a living will form the core health documents every adult should have. See the full list in documents to sign when your child turns 18.

Frequently asked questions

Do I need both a HIPAA release and a health care power of attorney?

Most people benefit from both. The HIPAA release lets family get information, and the health care power of attorney lets your chosen agent make decisions if you can’t.

When does a health care power of attorney take effect?

In most cases, when a doctor determines that you can’t make or communicate your own health care decisions. Some states and forms allow you to make it effective immediately.

Is a health care proxy the same as a health care power of attorney?

Yes, in most states the terms mean the same thing: a document naming someone to make medical decisions for you. States use different names, including medical power of attorney and durable power of attorney for health care.

Can I name different people on each document?

Yes. You might name both parents on a HIPAA release so either can get updates, and one parent as your health care agent with the other as the alternate.

Keep reading

Don’t get shut out when your child turns 18

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This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.