When caring for a family member, information is power—and having access to the right information at the right time can make all the difference when tough medical decisions arise. Whether you’re navigating a sudden health crisis, managing a long-term condition, or simply trying to stay informed, knowing how to legally access medical records and make healthcare decisions is essential. That’s why understanding the difference between a Medical Power of Attorney (POA), a HIPAA Release, and patient portal access is so important. Each serves a different purpose, and ensuring you have the right documents in place can prevent confusion, delays, and unnecessary stress in critical moments. Here’s what you need to know to stay in control and advocate effectively for your family.
HIPAA Release: Access to Information, But No Decision-Making
A HIPAA Authorization Form allows a patient to list specific people who can receive their medical information. This means doctors, nurses, and insurance companies can discuss health details with the caregiver, but it does not allow the caregiver to make medical decisions. It’s strictly about information sharing.
Example: If your 76-year-old dad ended up in the ER and has listed you on their HIPAA form, doctors can legally update you on their condition. But if a major medical decision is needed and he is unconscious or unable to respond, you may not have the authority to decide for them—you’ll need a Medical POA for that.
Verbal Permission: In some cases, verbal consent works temporarily. If your dad is awake and coherent, they can tell doctors or insurance reps that it’s okay to discuss their information with you. However, this is temporary and only valid while they are able to provide consent. Once they lose the ability to respond, verbal permission is no longer enough.
Medical Power of Attorney: The Right to Make Decisions
A Medical Power of Attorney (POA), also called a Healthcare Proxy, goes a step further. This legal document allows a designated person to make medical decisions when the patient is incapacitated—whether due to illness, surgery, or cognitive decline.
Example: If your partner is in a coma, a HIPAA form alone won’t help. But if you have a Medical POA, you can make treatment decisions on their behalf.
Unlike a HIPAA form, a Medical POA must be set up in advance—it’s not something you can sign once an emergency happens. It’s a critical document for anyone with aging parents, a spouse with health conditions, an adult child away for college, or even for yourself in case of unexpected medical situations.
Medical POA Laws Vary by State
Medical POAs are state-specific, meaning the rules about how they are created, recognized, and enforced can vary widely. Some states require witnesses or notarization, while others may have specific forms that must be used.
To check the requirements for your state, visit:
- Your state’s official government website
- The National Hospice and Palliative Care Organization (NHPCO) CaringInfo.org
- Local legal aid organizations or elder law attorneys found on NAELA.org
Important: Some states automatically revoke a Medical POA if the designated agent is a spouse and the couple divorces. If your POA was for an ex-spouse, you may need to update it.
What If You or Your Family Member Moves to a New State?
If you or a family member moves to a different state, you may need to create a new Medical POA. While many states honor POAs from other states, some require specific language or notarization.
Steps to Take When Moving:
1️⃣ Check the new state’s power of attorney (POA) laws.
2️⃣ If necessary, create a new Medical POA using that state’s form.
3️⃣ Ensure all relevant doctors, hospitals, and care teams have a copy of the new POA.
4️⃣ Update any patient portals or healthcare provider records with the new documentation.
What Happens in a Medical Emergency? Who Decides?
If a patient does not have a Medical POA, state law determines who makes medical decisions. This varies by state, but typically follows this order:
1️⃣ Legal guardian (if appointed by a court)
2️⃣ Spouse or domestic partner
3️⃣ Adult children (if multiple, they must agree)
4️⃣ Parents
5️⃣ Siblings
6️⃣ Other relatives
Some states require a unanimous decision among family members, while others allow majority rule. If there is disagreement, the hospital may require a court order before proceeding with major treatments.
Patient Portals: A Modern Way to Stay Informed
The 21st Century Cures Act now requires healthcare providers to electronically share medical records, including doctor’s notes, lab results, and test reports, with patients. This means that patients—and their family members—can access medical information faster than ever through online patient portals.
One of the most valuable features of these portals is proxy access, which allows caregivers to log in on behalf of the patient and see their medical records. Research from OpenNotes shows that proxy access can be a game-changer for managing care. It allows caregivers to:
- Track test results and lab reports in real-time
- Review doctor’s notes after appointments
- Message healthcare providers directly for clarifications
- Keep an eye on medications and treatment plans
Example: If your mom has an upcoming surgery, proxy access to their patient portal allows you to review their pre-op instructions, check test results, and even communicate with the surgical team—all without waiting on phone calls.
Important: Hospitals and doctor’s offices typically do not automatically grant proxy access. Patients need to fill out a separate form to allow a family member to log in on their behalf.
Why This Matters for Families
If you’re managing the care of an aging parent, a spouse with a chronic illness, or a child with special medical needs, medical information can quickly become overwhelming. When multiple family members are involved, things get even more complicated—who has access? Who is responsible for decisions? How do you keep track of everything?
That’s why Primary Record exists—to provide families with one place to collect, organize, and share health information. Instead of juggling multiple patient portals, emails, and handwritten notes, families can:
- Sync Multiple Patient Portals – Pull records from different providers into one place for a complete health overview.
- Edit for Accuracy – Add context, correct errors, and keep health records up to date for better decision-making.
- Control Access – Securely share view or edit permissions with family members, caregivers, and healthcare providers.
- AI-Powered Chat – Quickly find, summarize, and ask health questions with an intuitive chat assistant.
The Best Plan? Use All Three!
To fully protect a family member’s health and ensure you can advocate effectively, you should:
1️⃣ Sign a HIPAA Release – So you can access medical information.
2️⃣ Get a Medical POA – So you can make decisions if they become unable to.
3️⃣ Set up Proxy Access in Patient Portals – So you can track real-time medical updates.
By having all three in place, you’ll avoid last-minute confusion, delays in treatment, and the frustration of being locked out of important medical conversations.
Don’t wait for a crisis to get these documents in order—being prepared makes all the difference.