How does an emergency temporary guardianship (ETG) appointment affect HIPPA rights?

HIPPA is our federal statute, which protects a medical records. Not everybody can look at our medical history. The guardianship statute provides for an exception to HIPPA. So when somebody has filed a petition for guardianship, the HIPPA statute or the exception to it is going to allow that person, in theory, if it’s granted, to have access to medical records. The reason for that is that the guardianship is being requested because somebody can’t make rational decisions. In order for the petitioner to now be able to make rational decisions on their behalf, HIPPA has permitted them to have access to medical records, which helps the petitioner, if they are granted guardianship, and it also helps the court to determine if these are rational decisions that are being made or not being made. So there is an exception to the HIPPA statute found in the guardianship statute.

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