LoriD

[LoriD]

Can a state-court judge, in a guardianship/conservatorship matter, order a doctor to release confidential HIPPA information to a Property guardian?

 

[seniorjudge]

Q: Can a state-court judge, in a guardianship/conservatorship matter, order a doctor to release confidential HIPPA information to a Property guardian?

A: The general answer is yes; give us facts and details.

 

[LoriD]

State-Court Judge vs. Federal Law (HIPPA)

Not sure if I'm in the right place.

Daughter is the Guardian of the Person; Son is the Guardian of the Property and previously sought discharge but hangs on to torment his sister!
Judge ordered doctors to release info re mother to him as Guardian of the Property.

My understanding is that state cannot overcome federal law unless more beneficial to the individual involved. Who is the individual? The ward, the Guardian of the Person or the Guardian of the Property.

There is no more income to "guard." Daughter is attempt to obviate need for G/Prop by filing as SSA Representative Payee.

 

[seniorjudge]

The parties need to take care of this in the court where the lawsuits were.