Guide · US edition · Updated 2026-10-29

HIPAA Authorization vs. Health Care Power of Attorney: What Caregivers Need

Caregivers often hear "we can't share that" from a doctor's office or insurer. Usually the fix is one or two documents. They do different jobs, so it helps to know which is which.

HIPAA authorization

What it does: gives permission for doctors, hospitals and insurers to share health information with the people named. What it doesn't do: let you make decisions. Notes: Under HIPAA, providers may share relevant information with family involved in care in many situations, especially if the patient doesn't object, but a signed authorization makes it much easier. Many providers have their own form; ask at the front desk.

Health care power of attorney (health care proxy)

What it does: names a person (an agent) to make medical decisions if the patient can't make or communicate them. Notes: Each state has its own rules and forms. It usually only takes effect when the person can't decide for themselves.

Advance directive / living will

What it does: writes down the person's wishes about medical treatment, such as life support, at the end of life. Notes: In many states, the health care power of attorney and living will are combined into one advance directive form. Free state forms are widely available.

POLST / MOLST

What it does: a medical order, signed by a clinician, for people with serious illness, stating which treatments they want in an emergency. Notes: Names vary by state. It's meant to travel with the patient, so keep it visible at home.

Financial power of attorney

Not medical, but caregivers often need it too: it allows someone to manage bills and finances.

What caregivers should do

Ask your loved one, while they can decide, to sign a HIPAA authorization with each main provider and insurer.
Help them complete an advance directive and choose a health care agent.
Keep copies in the caregiver binder and give copies to the primary doctor and hospital.
Write down where the originals are.

General information, not legal advice. State laws differ; an elder law attorney can help.

The Family Caregiver Binder includes a legal documents checklist with where each original is kept.

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19-page caregiver binder: medical summary, medication list and log, appointment log, discharge checklist, legal documents and a care tracker spreadsheet. Instant download: PDF + DOCX + XLSX.

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HIPAA Authorization vs. Health Care Power of Attorney: What Caregivers Need