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 release | Health care power of attorney | |
|---|---|---|
| What it grants | Access to your health information | Authority to make medical decisions |
| When it’s active | As soon as you sign it | Usually only when a doctor finds you can’t decide or communicate |
| Who you name | One or more people who may receive information | An agent and, usually, an alternate |
| Typical signing rules | Signature and date; notarization optional | Witnesses, a notary or both, depending on your state |
| Can the person consent to surgery? | No | Yes, when you’re unable to |
| Best for | Keeping family informed about routine and urgent care | Emergencies, surgery, serious illness, end-of-life care |
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
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.
No. A HIPAA release only allows providers to share information. Consenting to treatment on someone else’s behalf requires a health care power of attorney or another legal authority recognized by state law.
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.
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.
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
- Legal Documents to Sign When Your Child Turns 18At 18, parents lose automatic access to medical, school and financial information. Here are the documents every young adult should sign, and why.
- HIPAA Release Form: What It Is and Who Needs OneA HIPAA release form lets doctors share your medical information with people you choose. Learn what it must include, who needs one, and how it differs from a POA.
- FERPA Release Form: How Parents Can Access College RecordsColleges can't share grades or billing with parents without consent. Learn how a FERPA release form works, what it covers, and the exceptions schools use.
- Power of Attorney for a College Student: A Parent’s GuideWhy college students need a financial and health care power of attorney, what each one covers, how they're signed, and how to choose an agent.
Don’t get shut out when your child turns 18
Get the HIPAA, FERPA and medical authorization forms your young adult needs signed before they leave home, so you can still get answers in an emergency. The No Brainer Box adds health care and financial powers of attorney and a living will.
- Answer a few simple questions online
- Download your completed, ready-to-sign forms
- Sign them and keep copies in your account
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.