Estate Planning Education

What Is the Difference Between a HIPAA Authorization and a Power of Attorney?

A HIPAA authorization and a power of attorney are often mentioned together, but they are not the same document. The simple difference is this: a HIPAA authorization is generally about access to medical information, while a power of attorney is generally about authority to act or make decisions.

Quick Answer

A HIPAA authorization generally gives permission for healthcare providers or health plans to share medical information with a person named by the patient. A power of attorney generally gives another person authority to act on someone’s behalf, depending on the type of power of attorney and the authority granted.

In other words: HIPAA access is about information. Power of attorney is about authority.

What Is a HIPAA Authorization?

HIPAA stands for the Health Insurance Portability and Accountability Act. It includes federal privacy rules that protect a person’s medical information. The HIPAA Privacy Rule protects medical records and other individually identifiable health information, often called protected health information or PHI.

A HIPAA authorization is commonly used when a patient wants a healthcare provider, hospital, doctor’s office, or health plan to share medical information with a specific person. For example, someone may want a spouse, adult child, caregiver, or trusted friend to be able to receive medical updates or obtain medical records.

A HIPAA authorization is mainly about permission to share information. It does not usually give the named person the power to make medical decisions.

Source: U.S. Department of Health & Human Services HIPAA Privacy Rule.

What Is a Power of Attorney?

A power of attorney is generally a legal document that gives another person authority to act on someone’s behalf. The person creating the document is often called the principal, and the person receiving authority is often called the agent or attorney-in-fact.

There are different types of power of attorney documents. The two most commonly confused in this context are a healthcare power of attorney and a financial power of attorney.

Healthcare Power of Attorney

A healthcare power of attorney may allow someone to make medical decisions if the document is effective and the person who created it cannot make or communicate those decisions.

Financial Power of Attorney

A financial power of attorney may allow someone to handle money, bills, banking, property, or other financial matters, depending on the wording of the document.

HIPAA Authorization vs. Power of Attorney

The confusion usually comes from the fact that both documents may involve helping someone during a medical situation. However, they serve different purposes.

Topic	HIPAA Authorization	Power of Attorney
Main purpose	Allows medical information to be shared with named people.	Gives someone authority to act or make decisions, depending on the document.
Primary focus	Access to medical records, updates, or health information.	Decision-making or action authority.
Healthcare role	May allow a spouse, adult child, caregiver, or trusted person to receive medical information.	A healthcare power of attorney may allow someone to make medical decisions if the document is effective.
Financial role	Does not give financial authority.	A financial power of attorney may allow financial or property-related actions.
Common misunderstanding	People may think it gives medical decision-making power.	People may think any power of attorney automatically gives HIPAA access.

Does a Healthcare Power of Attorney Include HIPAA Access?

Sometimes, yes. The U.S. Department of Health & Human Services explains that a person with legal authority to make healthcare decisions, such as through a healthcare power of attorney, may be treated as the patient’s personal representative under HIPAA when that authority is effective.

That can allow access to medical records related to the person’s healthcare decision-making role. However, this does not mean every power of attorney works the same way. The type of power of attorney, the wording of the document, when it becomes effective, and state law can all matter.

Source: HHS guidance on healthcare power of attorney and HIPAA access.

Does a Financial Power of Attorney Give Access to Medical Records?

Not necessarily. A financial power of attorney is usually focused on money, bills, property, accounts, and financial transactions. It does not automatically give someone healthcare decision-making authority or HIPAA access.

HHS explains that, except for certain situations involving deceased individuals, a power of attorney that does not include healthcare decision-making authority would not authorize the holder to exercise the person’s HIPAA Privacy Rule rights.

Source: HHS guidance on non-healthcare power of attorney and HIPAA access.

Simple Example

Imagine an adult child is helping an aging parent.

A HIPAA authorization may allow the adult child to talk with the parent’s doctor or receive medical updates.
A healthcare power of attorney may allow the adult child to make healthcare decisions if the parent cannot make or communicate those decisions and the document is effective.
A financial power of attorney may allow the adult child to pay bills, manage accounts, or handle financial matters, depending on the document.

These roles may overlap, but they are not automatically the same.

Bottom Line

A HIPAA authorization and a power of attorney can both be useful in healthcare-related planning, but they serve different purposes.

A HIPAA authorization generally answers:

Who can receive my medical information?

A power of attorney generally answers:

Who can act or make decisions for me if they have authority to do so?

Because the details can depend on the document, the situation, and state law, people should avoid assuming that one document replaces the other.

Frequently Asked Questions

What is the difference between a HIPAA authorization and a power of attorney?

A HIPAA authorization generally allows medical information to be shared with a named person. A power of attorney generally gives someone authority to act or make decisions, depending on the type and wording of the document.

Does a HIPAA authorization let someone make medical decisions?

Usually, no. A HIPAA authorization is mainly about access to medical information. Medical decision-making authority is usually handled through a healthcare power of attorney, medical power of attorney, or similar healthcare directive.

Does a power of attorney give someone HIPAA access?

A healthcare power of attorney may give HIPAA access if it is currently effective and gives the person healthcare decision-making authority. A non-healthcare power of attorney generally may not be enough.

Is a healthcare power of attorney the same as a financial power of attorney?

No. A healthcare power of attorney generally relates to medical decisions. A financial power of attorney generally relates to money, bills, accounts, property, or financial tasks.

Can a family member get medical information without power of attorney?

Sometimes a patient can authorize a provider to share information with a family member through a HIPAA authorization or other valid request. The exact process can depend on the provider, document, and situation.

Do I need both a HIPAA authorization and a power of attorney?

That depends on personal goals, documents, state law, and circumstances. For educational purposes, it is safest to say that a HIPAA authorization and a power of attorney serve different roles and should not be treated as automatic substitutes for each other.

Educational Boundary Note

This article is general educational information only. It is not legal, tax, financial, medical, or state-specific advice. HIPAA authorization forms, healthcare powers of attorney, and financial powers of attorney can depend on state law, document wording, timing, and personal circumstances. Readers should consult a qualified professional before making personal planning decisions.