Getting Around to It: The Significance of Advance Directives

If youve been injured in a car accident, you may try to handle the insurance claim yourself. This makes perfect sense if your injuries are not severe or your medical treatment is minimal. However, what often happens is that the adjuster will ask you to sign a medical release, handing over your medical records to the insurance company. Is this a smart idea? When considering whether to send a medical release to an insurance adjuster following a car accident, there are several key factors to consider. This decision can significantly impact your insurance claim and potential settlement. Heres a breakdown of the considerations:Understanding Medical Release FormsYour medical information is protected by a federal privacy law called HIPAA. The Health Insurance Portability and Accountability Act was signed in 1996 and prevents people or agencies from accessing your personal medical information without your permission. The permission slip for medical records is called a release or sometimes just referred to as the HIPAA Authorization. When you sign one of these, you are stating (1) Who can request medical information; (2) What information they can request; and (3) When the permission expires.In a car accident setting, insurance adjusters need your medical information to evaluate your claim. The medical records and bills are how you prove what your injuries were and how severe your injuries were. The adjuster cannot make a settlement offer without the medical records and bills in the file. However, there are limitations that should be put in place to ensure the adjuster doesnt access more than they are entitled to. If you dont want to provide a medical release, you can request your records and bills yourself and send them to the adjuster. This is preferred in order to maintain privacy.Pros of Providing a Medical ReleaseIt can speed up the claim process, as the adjuster gets direct access to necessary medical information. Tracking down your own medical records takes time. Odds are you have already spent a good amount of time going to medical appointments, getting your car fixed, and sitting on hold with the insurance. Spending even more time calling doctors for records can cause you more stress and drag out your claim. If your treatment was simple or you dont have significant health issues outside of your injuries, signing the release might make more sense.Cons of Providing a Medical ReleaseThe biggest downside of signing a release is the loss of privacy. If you dont read them carefully, these forms can sometimes give insurers access to your entire medical history, not just records related to the accident. The adjuster is only entitled to information related to your injuries not your entire history. Often the adjusters will send blank forms for you to sign, which allows them to fill in the blanks for any provider they choose. If you do sign a release, make sure it is very specific set out the particular provider, date range, and expiration date.Theres a risk that the insurance company may use your past medical history to argue that your current injuries are not related to the accident. If you have medical history that might open yourself up to this kind of response from an adjuster, its best to talk with a lawyer about how to handle your claim.Important ConsiderationsBefore signing any release, its advisable to consult with a personal injury attorney. Attorneys have experience in the many excuses insurance adjusters make. We know what kinds of questions to ask and how to anticipate possible problems down the road. Unless your treatment is very simple, talk with an attorney before signing anything from the insurance company.You can provide a release that is limited in scope, focusing only on records related to the accident. This is all the adjuster is entitled to. If they try to convince you otherwise, you should involve an attorney. Theres a good chance the insurance company is trying to take advantage of you if this happens. Know that you are not obligated to immediately provide a release; you can take time to understand its implications. You have 3 years to settle your claim or file a lawsuit. Its ok to take some time to carefully read the documents or talk with an attorney.The Role of Insurance AdjustersRemember, insurance adjusters work for the insurance company and their primary aim is to minimize the companys payout. They can and will use everything they can against you. Thats where a personal injury attorney can help you have someone on your side who understands how the insurance game is played.Alternatives to Full ReleaseInstead of a full release, you might consider providing specific documents that are relevant to the accident. Or you can request the records and bills from the doctor yourself. Since theyre your medical records, you are entitled to them. No doctor or hospital can say that you cant have your medical records.If your case involves psychological injuries and you treated with a therapist, a summary or letter from your doctor regarding the accident-related injuries can be a compromise. You are not legally obligated to provide complete mental health records in order to pursue a claim for psychological injuries.ConclusionDeciding whether to provide a medical release to an insurance adjuster after a car accident is a nuanced decision. Balancing the need for a prompt and fair settlement with the protection of your privacy and rights is key. Always consider consulting with a legal professional to guide you through this process and help you make the best decision for your situation. If you have been injured in a car accident and need help, consultations are free. Call us at 720-500-2076 any time. 

Protecting Your Loved Ones Independence and Well-Being at HomeHelping a family member remain independent and living at home is a labor of love, but at times it can be overwhelming. There is so much to consider beyond just their overall health and well-being. Depending on the situation, a loved one may need immediate or future help coordinating medical care or managing finances. Having the proper Power of Attorney credentials established can help caregivers navigate the complexities of the system and avoid costly or time-consuming pitfalls during their loved ones aging journey.Here is a basic overview of two of the most common Power of Attorney documents:Financial Power of Attorney (Durable)With a Financial Power of Attorney (POA), a person known as the principal appoints an agent to carry out financial and other activities, as instructed by the principal. Often the person designated is a family member but note that it may be advisable to name a primary agent and an alternate agent. Principals may choose whether the POA becomes effective immediately or only in the event of illness/disability. Ideally, the POA document should have language indicating that it is durable (remains in effect even after the person is legally incapacitated). In Pennsylvania, the Financial POA must be notarized and witnessed. The law also stipulates that a POA must exercise the powers for the benefit of the principal, keep the assets of the principal separate from their own, and exercise reasonable caution and prudence. Financial Power of Attorney ceases after the principal passes away.Medical Power of AttorneyPennsylvania recognizes two types of advanced directives for healthcare decisions: Medical Power of Attorney and Living Wills. The Medical Power of Attorney, also known as a Healthcare POA or healthcare proxy, is broader in scope than a Living Will in that it empowers the caregiver to make all medical decisions if their loved one is unconscious, incapacitated, or mentally incompetent. The appointed person will be able to access medical records, speak to healthcare professionals, and make healthcare judgments and medical decisions based on their loved ones treatment (or non-treatment) preferences. A Medical POA is a crucial component of advance care planning, allowing your loved one to ensure that their healthcare preferences are honored. The document must have two witnesses and be notarized.Information and downloadable Power of Attorney pdf documents are available online. During the application process to Senior LIFE, a Senior LIFE outreach coordinator can also help you get started with the POA process. Contact us today.   

PaperworkPaperworkWhat Should I keep? Sorting through the paperwork of a deceased loved one is a daunting task. It is important to know what to keep and what to discard. Here are some helpful tips.  Deeds, Titles and Vehicle RegistrationsDeeds and titles to property may not be obvious on the face of the document so it is important to read everything carefully. Keep anything that has a legal description (Lots and Blocks or Metes and Bounds), a vehicle identification number (VIN), contains the word title, deed of trust or warranty deed.  ReceiptsSome property does not have a title such as a tractor, farm equipment or certain recreational equipment. In such cases, keep the purchase receipts for this type of property. It will be useful if there is a question about ownership, the value of the property or the date it was purchased.  Bank RecordsSave all bank records and statements. These will be valuable if a dispute arises about ownership of an account, payments or distributions made from the account and to whom. Shred unused checks.  Retirement AccountsSave all statements and records pertaining to the decedents individual retirement accounts (IRAs), 401(k) plans or pension plans.  Life Insurance PoliciesSave all life insurance policies.  Social Security Paperwork and Earning StatementsSave information about the decedents Social Security account or earning statements.  Cancel the Decedents Credit Card Accounts Nowadays, identity theft is a huge issue. Contact Experian, Equifax and TransUnion to report the death of your loved one. Request the credit report be flagged as Deceased. Being proactive prevents a lot of hassle later on.  Cancel all credit cards in the deceased persons name. Also, there may be questions about the credit card purchase of certain items or property. Save credit card statements until probate of the decedents estate is complete.  Documents that contain the decedents Social Security NumberIf you find any documents with the decedents Social Security Number and you make a determination that the documents are not going to be saved, make sure it all gets shredded.  Tax RecordsKeep the decedents tax records. There may be a question about real property valuation, exemption or other issues that can be resolved by information in a tax return.   Loan PaperworkKeep all loan paperwork including loans on property or a loan the decedent made to a relative, friend, individual or organization. This may show that there is outstanding debt or money owed to the decedents estate.  Business AgreementsSometimes people have business agreements that have been documented in writing. Such agreements may contain a succession plan, what should happen with business equipment or property, or what should happen upon the death of a business partner.  Military RecordsSave all military records just in case there are benefits owed to a survivor such as a spouse, dependent child or disabled child. Some benefits are dependent upon verification of military service during war time which occurred prior to the advent of computer records. This includes photographs taken during wartime.  Birth and Marriage CertificatesSave all birth and marriage certificates. Again, for certain benefits for survivors, such certificates may be needed.  Timeframe for Keeping PaperworkIt is advisable to keep these potentially important documents until the estate of the decedent is settled, at a minimum. Otherwise keep them at least seven years and longer if possible, especially if real estate is involved.  Contact Your AttorneyYour attorney will ask you pertinent questions and give you advice about what records to keep.  You should also review your own estate plan documents to make sure they are up to date and reflect your current wishes.  This article was written by Donna A. Schuyler, Attorney, who practices in the areas of estate planning, elder law, guardianship, and probate. Donna Schuyler Law, PLLC; elderlawboise.com. Phone 208-344-1947