HIPAA Waiver For Trusts | Georgia Estate Planning and Probate | Siedentopf Law

In this video, Estate Planning and Probate Attorney Sarah Siedentopf talks about HIPAA Waiver For Trusts. #hipaawaiverfortrusts #estateplanning #siedentopflaw
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Siedentopf Law focuses on helping people in the Atlanta, Georgia area plan their estates and wills, probate estates of family members, and work through probate disputes. We strive to make estate planning and probate as easy as possible, providing a concierge experience through traditional office visits, video conferencing, and visits to hospitals and assisted living centers for those who cannot drive themselves.
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Contact through this website or via email does not create an attorney-client relationship. Our firm will not represent you until the terms of our representation are discussed, mutually agreed upon, and memorialized in writing. All law referred to on these videos is Georgia law.
Video transcript:
- HIPAA waiver for trusts. What is it and why is it important? I'm Sarah Siedentopf. I'm an estate planning attorney in Atlanta, Georgia. Health Insurance Portability and Accountability Act, HIPAA. It relates to your medical records and how your medical providers and some other people can transfer them, who they can share those records with, who can view them. How is that related to your trust? Trustees often have a clause in the trust that says they continue as trustee until they are, you know, mentally incapacitated, not competent, and unless someone voluntarily steps down, you might want your trust to involve a HIPAA waiver that says that if there is a concern about their competency, they will allow access to medical records for the purpose of whether the doctor has said anything about their mental capacity. If you don't have that kind of language in there, it could be a much longer, more expensive, more difficult road to determining whether someone needs to step down as trustee. Unless they're willing to do it voluntarily, which of course, they can do it voluntarily at any point, even with a HIPAA waiver, but that is why you might want that included in your trust and why. If you are a trustee, you might see that in the trust and wonder, huh? Why do they need my medical records? Well, hopefully they never do. Hopefully, you have sparkling clarity and no one ever questions your mental competence. If you've got questions about HIPAA and trusts or want to set up a trust, please give me a call. Also, please like and subscribe. Thanks.