My brother has power of attorney for my mother who is incompetent and he refuses to authorize my sister and my access to HIPAA Info. How do I challenge this?
Country relating to Question: United States
State (if USA): Vermont
Nothing yet, FYI -if it matters, my mother lives in NH.
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The only way to challenge the decision of the power of attorney, is to take action to invalidate the power of attorney
Consider a petition to the Court for a conservatorship to be appointed for your mother. A conservatorship will render void a power of attorneyA conservatorship can be set up for a person that cannot take care of himself and/or his finances. In a conservatorship, the judge appoints another person (the conservator) to be in charge of the conservatee's care and/or finances.You could petition the court to appoint either yourself or another family member to act as conservator. This would allow the conservator to make decisions for your mother
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I feel you have not answered my question. Are you saying that the only way to get my mother's medical info is to ask the courts to invalidate my brother as Power of Attorney? He can stay power of attorney but we feel we have a right to our mother's HIPAA info. Is there not a procedure wherein the court ask him to justify our exclusion?
I feel you have not answered my question.Thank you for letting me know. I am happy to clarify Are you saying that the only way to get my mother's medical info is to ask the courts to invalidate my brother as Power of Attorney?Correct He can stay power of attorney but we feel we have a right to our mother's HIPAA info. The power of attorney speaks for your mother. If the power of attorney states that you may not view the records, you may notIs there not a procedure wherein the court ask him to justify our exclusion?yes – conservatorship
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