Legal to create accounts for another person?

[Subjection1]

What is the name of your state? WI

What I'm asking about here is the legality of creating Internet accounts for another person even though it requires confidential information from the other person and also provides access of confidential information about the other person. I'm referring to sites such as insurance, Social Security, medical records, etc.
I recently created an online portal account with a hospital for my brother who is not computer literate but is having trouble communicating with his doctors and getting test results. I created the account in order to be able to inform him about his appointments and test results. He gave me the needed information to create the account, but when I keep seeing that the information is confidential, it makes me feel like I might be doing something wrong.

Now my Dad is having trouble regarding his health insurance and prescription drug coverage. There has been a big change in the way is health benefits are being managed, and it is through the federal government's postal service program. He is having trouble understanding what is going on, and I'm having a hard time myself trying to read the letters he's gotten in the mail, which are not easy to understand. An online portal account can be created for this, and I believe it would open up communications, and would have all the specific information he would need. But since it is a government site, and requires his Social Security number and a picture of his driver's license, I have to wonder if I would be breaking any laws by providing these things and creating an account for my dad that I would have access to. My Dad is not computer literate at all either. Being the only one in our family familiar with computers and internet, I'm doing what I can to help.

 

[LdiJ]

There is nothing inherently wrong or illegal in you helping a family member set up an online account. There is also nothing inherently wrong or illegal in them allowing you access to their account. Where it could get problematic is if you exert control that they do not wish you to have.

 

[adjusterjack]

when I keep seeing that the information is confidential, it makes me feel like I might be doing something wrong.

You aren't. I routinely do that for my son (long story). You have consent. No problem. But consider getting a written power of attorney from your brother and father for the things you do for them. It'll give you more flexibility if you have to do something in person.

 

[Taxing Matters]

The lawyer answer to this kind of question is typically that you should always have a healthcare power of attorney signed by your father while he is still competent. Drafted properly it will allow you to open those onine portals, see and pay bills, access communications sent to your father, and to communicate with healthcare providers about his care. Under federal act known as HIPAA if you don't either have the written consent of your father or a court appointed guardianship/conservatorship over him medical providers are not allowed to give you his protected health information (PHI). The state he's in may have other rules you need to know about. I suggest you consult an elder law attorney ASAP to find out just what you need and to get it done before his condition worsens further.

 

[Subjection1]

The lawyer answer to this kind of question is typically that you should always have a healthcare power of attorney signed by your father while he is still competent. Drafted properly it will allow you to open those onine portals, see and pay bills, access communications sent to your father, and to communicate with healthcare providers about his care. Under federal act known as HIPAA if you don't either have the written consent of your father or a court appointed guardianship/conservatorship over him medical providers are not allowed to give you his protected health information (PHI). The state he's in may have other rules you need to know about. I suggest you consult an elder law attorney ASAP to find out just what you need and to get it done before his condition worsens further.

What you pointed out is what had me worried. However, the only things I've done so far is monitor for appointment changes, let my Dad know his test results, and ask questions of the doctor my Dad has. Also use my credit card to make payments since these places seem to lose the checks my Dad was sending them.
I also have an email account set up in his name. That's needed for setting up other accounts too.

 

[quincy]

What you pointed out is what had me worried. However, the only things I've done so far is monitor for appointment changes, let my Dad know his test results, and ask questions of the doctor my Dad has. Also use my credit card to make payments since these places seem to lose the checks my Dad was sending them.
I also have an email account set up in his name. That's needed for setting up other accounts too.

Does your brother still live in Illinois? You live with your father in Wisconsin, correct?

 

[Subjection1]

Does your brother still live in Illinois? You live with your father in Wisconsin, correct?

Yes, my brother lives in IL, and my father and I live in Wisconsin, but not together in the same house. That might change this coming year though.

 

[quincy]

Yes, my brother lives in IL, and my father and I live in Wisconsin, but not together in the same house. That might change this coming year though.

Thanks for answering my questions, Subjection1.

Here is information for you and your brother on giving you a power of attorney in Illinois:
https://www.illinoislegalaid.org/legal-information/naming-agent-power-attorney-poa

And here are links to power of attorney information for Wisconsin:
https://wilawlibrary.gov/topics/estate/poa.php

Even if you decide not to get a power of attorney so you are authorized to act on your brother and/or dad’s benefit, you should at the very least get explicit written permission from both of them to access their accounts.

You said that some of the documents your brother and dad receive are difficult for even you to understand. You might think about discussing this with an attorney in your area to see what other options are available for you and them.

 

[Subjection1]

@quincy
Wow, thank you for that! Looks like pretty much everything we'd need if things got even more serious, like if I had to have POA on bank accounts to pay bills and such. We're thinking of selling our houses and getting a house together, which means I may very well end up having to manage even his finances at some point. The second link especially is packed with information on what is needed.
Thanks again!

 

[quincy]

@quincy
Wow, thank you for that! Looks like pretty much everything we'd need if things got even more serious, like if I had to have POA on bank accounts to pay bills and such. We're thinking of selling our houses and getting a house together, which means I may very well end up having to manage even his finances at some point. The second link especially is packed with information on what is needed.
Thanks again!

You’re welcome, Subjection1. I appreciate the thanks.

Both your brother and dad are very lucky to have you helping them as you have been.

 

[not2cleverRed]

What you pointed out is what had me worried. However, the only things I've done so far is monitor for appointment changes, let my Dad know his test results, and ask questions of the doctor my Dad has. Also use my credit card to make payments since these places seem to lose the checks my Dad was sending them.
I also have an email account set up in his name. That's needed for setting up other accounts too.

In addition to what TaxingMatters mentioned, you should also consider the following:
1) Contacting your father's and brother's insurance providers about authorization forms (heathcare proxy, representative - each place seems to have their own name). Those do not require lawyers.
2) There should be a place on the portal to upload whatever authorization forms you have. This is good to have on file if someone has to go to the ER.

An aside about paying online: I have found that it's good to make sure that you don't just pay the balance due, but rather link it to an invoiced charge.

 

[cbg]

I forget if it was here or on another forum where we had a multi-page discussion with a woman whose disabled husband's insurance carrier, I think it was, insisted on having a copy of her POA on file with them before they would talk to her. I work with PHI and we would have the same request. Be prepared to honor such requests.

 

[quincy]

A photocopy or an electronically transmitted copy of the original power of attorney document has the same effect as the original document so copies can/should be provided to those entities that will need them (health care providers, financial institutions, etc). The original power of attorney document should be kept in a safe place (e.g., safe deposit box).

 

[Foamback]

1) Some, especially financial institutes, will require a POA than 90 days old. The work around is to get the documents notarization “recertified” by the UPS store or similar. I’ve done it for my mother, and the legal concept “lame” seems apt.

2) SSA states on their website that only the individual can create an account.

3) MyCharts attempt to require that the individual go through a process where the POA individual is granted proxy rights. Which is again lame, because the other person is commonly barely capable of playing solitaire on the computer, much less creating the initial MyChart account themselves needed to grant the proxy.