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JB Umphrey
JB Umphrey, Attorney
Category: Legal
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Experience:  Explains legal matters based on 14+ years experience.
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Is there a specific HIPAA authorization form for Illinois that

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Is there a specific HIPAA authorization form for Illinois that my elderly father can sign so that, as his daughter, I will be able to have access to his medical records? I need to assist him with his health care issues. I see two forms that seem right for this purpose, found on www.hfs.illinois.gov (State of Illinois, Department of Healthcare and Family Services (HFS). The 2 forms:
1) Authorization to Disclose Health Information
2) Personal Representative Designation
Will these work?

- Concerned Daughter, IL

JB Umphrey :

Thank you for using JustAnswer!

JB Umphrey :

Who do you want to give these forms to?

JB Umphrey :

Those forms will only work if you're interacting with the Illinois Department of Healthcare and Family Services on behalf of your father.

JB Umphrey :

If you want to be able to assist him in his health care decisions for all medical providers, then your father needs to have a medical power of attorney done designating you as his power of attorney.

Customer:

sample entities would be: nursing home, hospital, specialist doctors

JB Umphrey :

Then you can give a copy of that medical power of attorney to all of his treaters and, yes, you will have access to his medical records.

JB Umphrey :

Work with a local family law attorney to have a medical power of attorney drawn up for your father.

JB Umphrey :

And which designates you as his medical power of attorney.

Customer:

Trouble is, the POA healthcare paperwork he has in place designates my mother who is also elderly and very ill and in the same nursing home.

JB Umphrey :

That's okay, he can do a new POA and rescind the old one.

JB Umphrey :

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.

Customer:

i am afraid he'll never understand all that, given his level of dementia is increasing lately. Is there nothing else?

JB Umphrey :

If he has dementia then he cannot sign any forms at all.

JB Umphrey :

Your separate recourse will be having to go to court and petition that you be named his legal guardian.

JB Umphrey :

Again, you can contact a local family law attorney to assist you in preparing the necessary papers and filing them with the court and going to the hearing to obtain that court order.

Customer:

Dementia has been ruled gradual condition in case law. He has not been certified as incompetent in a court of law.

JB Umphrey :

If he is diagnosed with dementia, he does not have the legal capacity to sign legal documents.

JB Umphrey :

Again, that is something you can discuss with the local family law attorney.

Customer:

ok.

Customer:

ok thank you.

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