2023 Tennessee Code 34-6-111 – Access to medical information by personal representative for limited purpose of determining disability or incapacity when effective date of power of attorney deferred
The principal of a power of attorney pursuant to this part may direct that the power of attorney is effective at the date signed or may defer the effective date to the date the principal is determined to be disabled or incapacitated. Notwithstanding any language in the document establishing the power of attorney, if the effective date is stated as deferred to the time the principal is determined to be disabled or incapacitated, for the limited purposes of authorizing the agent designated in the power of attorney to have access to the principal’s medical records, physicians, other medical personnel and to discuss the principal’s health situation and particularly to comply with the HIPAA rules, the power of attorney nevertheless is effective at the date of signing and the person designated the attorney in fact shall thereupon be the principal’s personal representative as that term is used in the HIPAA rules with the ability to access immediately the principal’s medical records, physicians, other medical personnel and to discuss the principal’s health situation for the limited purpose of determining whether the principal is disabled or incapacitated to the extent that the general provisions of the power of attorney become effective.