What's New
Ah the holidays are over, and
we had a month or two to catch our breath. There is however one chore yet
to be accomplished. That is taking a moment to review your estate plan and
verifying that the documents are still current, and continue to meet your
estate management and distribution goals. This simple 30-minute review can
save your love ones hours of pain and the great expense of having to probate
a major asset that was not include in your trust.
If you have any question concerning
the review please give me a call. I would be more then happy to discuss with
you any concerns you may have about your estate.
The following information will assist
you in the review of your Avance Health Care Directive.
1. Release of health care
information:
The release of individual health
information is highly restricted under the provisions of the Health Insurance
Portability and Accountability Act of 1996 (HIPAA), 42 USC §1320d and
45 CFR Parts 160, 164, and California law.
The restriction placed on the release
of medical information under HIPAA and California Law, could impair your
agent's ability to have a Physician declare that you are unable to make your
own health care or financial decision. This is due his/her concern about
releasing health care information about you which is contrary to Federal
and State law. These concerns maybe overcome by either of the following
methods.
a) You can sign a "GRANT OF AUTHORITY
TO HEALTH CARE AGENT AND AUTHORIZATION UNDER HIPAA AND CALIFORNIA LAW FOR
RELEASE OF HEALTH INFORMATION" form, or
b) By changing your Advanced Health
Care Directive to one that goes into effect immediately versus a spring AHCD
that only goes into effect once a Physician has declared that you cannot
make your own health care decisions.
If, however, you would prefer to
have your AHCD updated to reflect its immediate activation, please call and
we will review your directive and update it as necessary.
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