• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Lawyer asking for HIPPA Release

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

JMG54

Junior Member
What is the name of your state (only U.S. law)? Maryland

My mother, age 80, just moved to Missouri and has recently re-done her Last Will and Testament. The attorney is asking her 3 children to sign a HIPPA Release so that he can secure a doctor's report as to the competency of the person (one of her children) to act as fiduciary. I am aware that a HIPPA Release is only "good" for 12 months. My mother is in good health and could live another 20 years. I can't imagine why this attorney is asking for this at this time.

I called and spoke to him yesterday. He said if I didn't want to sign it, don't. He went on about how if one of us is unable to act as fiduciary, then this signed form would help him go to the next person on the list. My brother is #1, older sister #2, and I'm #3. There is some ill will between my brother and the 2 sisters.

I would like an opinion on this matter. Thank you.

JMG
 


anteater

Senior Member
I can't imagine why this attorney is asking for this at this time.
He's asking you to sign to release your medical records? I've never heard of such a thing. It's ridiculous.

He went on about how if one of us is unable to act as fiduciary, then this signed form would help him go to the next person on the list.
Huh? What has this attorney been tasked with doing? Why is he assuming that it is his task to "go to the next person on the list?"

When the time comes, if there is some question about the competency of the person nominated in the will, it is up to an interested party to raise an objection to the appointment with the court. And for the court to decide and, if necessary, appoint an alternate.

Ill will or not, I'd get in touch with your siblings and convince them to unanimously tell the attorney to pound sand.


EDITED TO ADD: And before someone else mentions it... It is HIPAA.
 
Last edited:

JMG54

Junior Member
Lawyer asking for HIPAA Release

Thanks for your input.

I knew I typed HIPAA wrong as soon as I hit the 'send' button. I have never heard of this being asked, either.

I wonder the motive of the attorney. There has been some tension in the family for several years. I won't bore with the details, and what family doesn't have some drama from time to time.

My sister and I have been diagnosed with mental health issues. We are in treatment and are fully functioning. Both of us have advanced degrees and hold full-time jobs. Neither of us have any intention on signing the HIPAA form. We wonder if this is some attempt by our brother to do whatever he wants as #1 on the Executor list.

JMG
 

JMG54

Junior Member
Lawyer asking for HIPAA Release

My brother lives with my mother. They live in Missouri, moved there last year. My sister and I live on the East Coast. My sister and I did not think it was a good idea for them to move to Missouri. My mother helps him out financially.

JMG
 

anteater

Senior Member
Soooo.... Brother is the wizard behind the curtain? And the attorney is being pimped out by brother to gather as much dirt on you as possible?

Not a pretty situation.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top