What Powers of Attorney and HIPAA-Style Medical Authorizations Should I Include in a Pennsylvania Estate Plan? | Pennsylvania Probate | FastCounsel
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What Powers of Attorney and HIPAA-Style Medical Authorizations Should I Include in a Pennsylvania Estate Plan?

What powers of attorney and HIPAA authorizations should I include in my estate plan? - Pennsylvania

The Short Answer

In Pennsylvania, most estate plans include (1) a financial power of attorney for money and property decisions and (2) a health care power of attorney (often combined with living will instructions) for medical decisions and access to medical information. Your health care power of attorney can also include HIPAA-style authorization language so your agent can obtain protected health information when it matters.

Why You Should Speak with an Attorney

While the statutes provide the general framework, choosing the right documents (and the right scope of authority) is highly fact-specific. Legal outcomes often depend on:

  • Strict formalities: A health care power of attorney must be signed and witnessed by two adults to be valid under Pennsylvania law. See 20 Pa.C.S. a7 5452.
  • Burden of proof and acceptance issues: Banks, title companies, and medical providers often scrutinize POAs and authorizations; unclear language, missing powers, or outdated forms can lead to delays when your family needs help immediately.
  • Exceptions and sensitive records: Medical privacy and special categories of records (including certain mental health and substance-use related information) can raise additional hurdles; your documents must be drafted so your agent can actually obtain information and act when needed.

Trying to handle this alone can leave gaps—like a financial POA that doesn’t work for a particular institution, or a health care document that doesn’t give your agent the access providers require before they will discuss your condition.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.