HIPAA laws for elderly

[bkrause21001]

Hi,
Just wondering if a family member can take the Medical Power of Attorney or acting MPOA to court to have their name put on elderly parent's Hipaa at hospital or nursing home. The hospital is telling me no. It was the person's right as to who they put on the form. Has anyone had to deal with this?

 

[Gail_in_Georgia]

We sometimes have to deal with elderly patients where the question of whether they are compentent to make medical decisions is an issue (this is in a hospital setting where a medical decision must be made quickly). We will typically have one of our physicians experienced in the area of dementia do an evaluation on the patient. If they do not feel they are capable of making their own medical decisions, this ability is turned over to a family member.

Gail