As you plan for the management of your affairs following your incapacity or death, an important document to incorporate into your estate plan is an Anaheim HIPAA authorization. This instrument grants someone the authority to receive your medical records and confidential health information, and authorizes the healthcare professional to release this information without liability. Often, the HIPAA authorization is crucial for estate plans that incorporate living trusts. In the event that you are incapacitated or pass away, your plan must be structured so that your successor trustee can take control of the trust quickly. A HIPAA authorization helps to accomplish this goal. The following is an overview of how this works:

  • Your living trust may state that your successor trustee can step into the role of trustee in the event of your incapacity.
  • In many cases, incapacity is determined based upon the opinion of your physician. Often, this means making a certification in writing that you are unable to make healthcare decisions on your own behalf.
  • If your successor trustee does not have authority granted under a valid Anaheim HIPAA authorization, the physician cannot provide the successor trustee with this written certification. 
  • Without this written certification, the successor trustee cannot take over the management of the trust smoothly and efficiently. 

Without a valid HIPAA authorization, your loved ones will have to pursue more costly and time-consuming methods for transitioning from the original trustee to successor trustee. Fortunately, an experienced Anaheim estate planning attorney can ensure that you have a valid HIPAA authorization in place for an effective and efficient estate plan. For more information, contact the Law Office of James F. Roberts & Associates, APC, today at (714) 459-5481.

James F. Roberts
Founder and owner of the Law Office of James F. Roberts and Associates, a premiere estate planning law firm
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