This CLE is co-sponsored by the Elder Law Section and Health Law Section.

When someone resides in a long-term care facility, medical information, wishes, and decision making become even more critical, particularly if the principal has waning capacity.  Residents and their families are often missing a key piece of information to advocate for their loved one – the medical records.  How does a family member request such records when a long-term care provider often does not have a “release of information department”?  Who has authority to receive them?  How should their health care directive be written in order for the provider to fulfill such requests for records?  Providers are often trying to decipher wishes and agency with perhaps little to no information, even if a health care directive is drafted.  What elements do they look for in a health care directive to know when an agent has authority to receive medical information or make medical decisions on behalf of the principal?  What do providers wish were on the health care directive that they may not be seeing?  How do providers determine when a principal lacks medical decision-making capacity?  Join us to gain valuable insight on medical records and health care directives to meet shared goals between residents and providers of meeting care wishes and needs.