[WSBAPT] Schools / Medical Providers requiring POA from a court-appointed guardian?

[Steven Matyas]

Listmates,

 

I have heard from a few clients and potential clients, specifically those
whose children have mental health / behavioral health issues, that in some
cases the child's school or medical providers are not willing to speak with
the guardian regarding PHI and are specifically requesting the guardian to
produce a power of attorney for the IP. Other than advising client to
produce the Order appointing them as guardian(s), which specifically states
that the guardians are to be treated as the IP would be with respect to use
and disclosure of PHI/medical records, does anyone have advice on how to
handle these situations? It seems as though the clients' explaining that
full guardianship by its very existence negates the possibility of a power
of attorney has not been enough to do the trick.

 

On a somewhat related note, I understand that there are different rules
regarding mental health information for those 13 and older. In a case where
the child's school or medical providers will not disclose information to
parents who have not been appointed guardians, is a guardianship the only
way to solve the problem if the child is incapable of consenting to allow
release of information? 

 

Steven Matyas

Jones & Ibrahim, PLLC

16025 NE 85th Street, Suite 103

Redmond, Washington 98052

(206) 405-3240

 <http://www.seattledisabilitylaw.com/> www.seattledisabilitylaw.com

Please note our new address in Redmond.

 

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