Key Takeaways
- HIPAA protects your parent’s health information, so doctors generally need your parent’s permission to share it with you.
- The simplest fix is a HIPAA release naming you; your parent can sign it while healthy.
- A health care agent under a power of attorney is usually treated as your parent’s “personal representative” once the agent’s authority begins, with access to records.
- Providers may share information with family involved in care if your parent doesn’t object, but it’s at their discretion.
- After a parent’s death, the executor or personal representative of the estate can usually request records.
Why doctors won’t talk to you
Adult children are often surprised when a doctor’s office won’t share information about a parent. The HIPAA Privacy Rule requires providers to protect patients’ health information. Being a son or daughter doesn’t, by itself, give you access, even if you drive your parent to every appointment.
Ways to get access
1. A HIPAA release (best first step)
Your parent signs a HIPAA authorization naming you. Providers can then share medical information with you, even while your parent makes their own decisions. See our HIPAA release guide.
2. Your parent’s permission in the moment
If your parent is present and doesn’t object, providers can share relevant information with family involved in their care. This works for appointments but isn’t reliable for phone calls or emergencies.
3. Health care power of attorney
Once your authority as health care agent is in effect, you’re generally treated as your parent’s personal representative under HIPAA, with access to records needed for decisions. See medical power of attorney.
4. Court guardianship
A guardian with authority over medical decisions generally has access to records. This is the slowest route, used when no documents exist.
Comparing the options
| Route | When it works | Lets you make decisions? | Setup |
|---|---|---|---|
| HIPAA release | As soon as signed | No | Parent signs a short form |
| Parent’s verbal permission | When parent is present and agrees | No | None, but limited |
| Health care power of attorney | When agent’s authority is active | Yes | Parent signs while competent |
| Guardianship | After court appointment | Yes, as ordered | Court process |
| Executor after death | After death | Not applicable | Court appointment as personal representative |
Practical tips
- Give copies of the HIPAA release and health care POA to each doctor, the pharmacy and the hospital your parent uses.
- Ask the doctor’s office to note you as an authorized contact in your parent’s chart.
- Many patient portals offer “proxy access” for caregivers; ask the provider how to set it up.
- Keep digital copies on your phone for emergencies.
Frequently asked questions
Usually not, unless you’re their health care agent with active authority, their court-appointed guardian, or the personal representative of their estate after death.
A health care power of attorney generally does once your authority begins. A financial power of attorney usually doesn’t cover medical records.
Providers can use professional judgment to share information with family when it’s in the patient’s best interest, but they aren’t required to. A HIPAA release or active health care POA removes the uncertainty.
The executor or personal representative of the estate can usually request them. Some states also allow close family members access in certain circumstances.
Yes. A HIPAA authorization can be limited to certain providers or types of information.
Keep reading
- Caring for Aging Parents: The Legal and Planning ChecklistA practical checklist for adult children helping aging parents: the legal documents to sign, the conversations to have, and how to plan for care and costs.
- Legal Planning After a Dementia DiagnosisAfter a dementia or Alzheimer's diagnosis, there's often still time to sign a power of attorney, will and advance directive. Here's what to do, and in what order.
- How to Talk to Your Parents About Estate PlanningPractical tips and conversation starters for talking to aging parents about wills, powers of attorney and end-of-life wishes, without it feeling like a takeover.
- Long-Term Care Planning: How Families Pay for CareMedicare covers far less long-term care than most people think. Compare how families pay for in-home care, assisted living and nursing homes, and what to plan now.
- Medicaid Look-Back Period ExplainedThe Medicaid look-back period reviews gifts and transfers made before applying for long-term care coverage. Learn how it works, what triggers a penalty and common exceptions.
Don’t leave your family guessing
Put your health care wishes in writing with a living will, HIPAA release and medical authorization. The No Brainer Box adds a last will, a revocable trust and health care and financial powers of attorney.
- 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.