The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") Privacy Rule contains many estate-planning considerations that may result in amendments to existing estate plans. The most notable concern is the impact on incapacity planning and the right to obtain information without going to court for it.
In a typical estate plan, the person will file a health care power of attorney form, if executed it gives their spouse or family member the power to make health care decisions
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