What powers of attorney and HIPAA authorizations should I include in my estate plan? - Pennsylvania
The Short Answer
In Pennsylvania, most estate plans include (1) a financial power of attorney for money and property decisions and (2) a health care power of attorney (often combined with living will instructions) for medical decisions and access to medical information. Your health care power of attorney can also include HIPAA-style authorization language so your agent can obtain protected health information when it matters.
What Pennsylvania Law Says
Pennsylvania treats powers of attorney as powerful documents that can let someone act in your place during your lifetime—especially if you become incapacitated. A well-drafted estate plan typically separates financial authority (paying bills, managing accounts, handling property) from health care authority (medical decisions and communicating with providers), because the rules and practical needs are different.
The Statute
The primary law governing financial powers of attorney is 20 Pa.C.S. a7 5604.
This statute establishes that a written power of attorney can remain effective even after the principal becomes disabled or incapacitated (and it can also be drafted to become effective later, such as upon incapacity).
For medical decision-making (and related medical information access), Pennsylvania’s health care power of attorney rules are in the Advance Health Care Directive provisions, including 20 Pa.C.S. a7 5453 (requirements/options) and the execution requirements in 20 Pa.C.S. a7 5452.
In practice, many Pennsylvanians use a combined document that includes both a health care power of attorney and living will-style treatment instructions; Pennsylvania provides an example combined form in 20 Pa.C.S. a7 5471, which also includes HIPAA-style disclosure language authorizing providers to release protected health information to your agent.
If mental health treatment decision-making is a concern, Pennsylvania also recognizes a mental health power of attorney; see 20 Pa.C.S. a7 5833.
Related reading: How to choose and appoint a health care agent and financial power of attorney in Pennsylvania and How do I draft and properly sign a power of attorney in Pennsylvania?.
Why You Should Speak with an Attorney
While the statutes provide the general framework, choosing the right documents (and the right scope of authority) is highly fact-specific. Legal outcomes often depend on:
- Strict formalities: A health care power of attorney must be signed and witnessed by two adults to be valid under Pennsylvania law. See 20 Pa.C.S. a7 5452.
- Burden of proof and acceptance issues: Banks, title companies, and medical providers often scrutinize POAs and authorizations; unclear language, missing powers, or outdated forms can lead to delays when your family needs help immediately.
- Exceptions and sensitive records: Medical privacy and special categories of records (including certain mental health and substance-use related information) can raise additional hurdles; your documents must be drafted so your agent can actually obtain information and act when needed.
Trying to handle this alone can leave gaps—like a financial POA that doesn’t work for a particular institution, or a health care document that doesn’t give your agent the access providers require before they will discuss your condition.
Get Connected with a Pennsylvania Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.
Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.