[WSBAPT] Professional POA/Will for Psychotherapist?

[delp at whidbey.net]

Hello David: I am not an expert in this area, but I researched this once and came up with the attached template for a specific, urgent situation. My vague recollection is that this complies with the HIPAA regulations (cited in the template). This might be a starting point for your research.
-Margaret

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Margaret Delp, JD
Delp Law PLLC
PO Box 292
Langley, WA 98260
Office location (no mail delivery):
5671 Crawford Road
Langley, WA 98260
(Next door to the Unity of Whidbey Church)
360-579-4530
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On 4/10/26, 2:58 PM, "wsbapt-bounces at lists.wsbarppt.com" <wsbapt-bounces at lists.wsbarppt.com> wrote:

My client, a psychotherapist, wants to ensure that another licensed psychotherapist can be lawfully authorized to access C's client files to close down her practice in case of incapacity or death. I'm not familiar with any rule that would allow C to waive HIPAA protections for her patients in order to give that information to third parties, even if they are other licensed professionals. Am I wrong in my thinking/is it possible for C to write a professional POA/Will granting to her agent/PR access to such protected information? My gut tells me that C instead needs to disclose the identity of her agent(s)/personal representative(s) in the documentation provided to her patients as a condition of treatment, and also have the patients sign a HIPAA release/waiver in order for C to be able to share their protected information with the third-parties. Alternatively, are there carve-outs to HIPAA for sharing information between professionals about which I am not aware?

Thank you!

Best,
David J. Faber
Faber Feinson PLLC
800 Polk Street, Suite B
Port Townsend, WA 98368
(360) 379-4110

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