HIPAA Authorization in Estate Planning: What It Is and Why It Matters

📅 Updated October 2026⏱ 7 min read
Written by Sarah Mitchell
Estate Planning Editor · Updated October 2026
Affiliate disclosure: We may earn a commission if you use some links on this page, at no extra cost to you. Editorial policy → This is general information, not legal advice.

🏆 The Short Answer

A HIPAA authorization is a signed permission that lets a doctor, hospital or insurer share your health information with the people you name. It is not the same as a healthcare power of attorney, which lets someone make medical decisions for you. Many estate plans include both so the people you trust can get information when you cannot ask for it yourself.

What is a HIPAA authorization?

Under the HIPAA Privacy Rule, a covered entity such as a hospital or health plan generally needs your written authorization to use or disclose your protected health information for purposes the rule does not otherwise permit. The federal regulation lists what a valid authorization must contain (45 CFR 164.508).

What must a valid HIPAA authorization include?

HIPAA authorization vs healthcare power of attorney: what is the difference?

HIPAA authorizationHealthcare power of attorney
Main purposePermits sharing of your health informationNames someone to make medical decisions if you cannot
Gives decision-making power?NoYes, within the document and state law
Typical userAnyone who wants named people to see recordsAnyone planning for possible incapacity
Can be revoked?Yes, in writingYes, while you have capacity, under state rules

Under HIPAA, if state law gives a person authority to make health care decisions for an adult, a covered entity must generally treat that person as a "personal representative" (45 CFR 164.502(g)). That is why a healthcare power of attorney often helps with access too. A separate authorization still adds clarity and can name people who are not your agent, such as a sibling who helps with care. See our guides to healthcare power of attorney and healthcare directive vs living will.

Can family see my records without one?

Sometimes. HIPAA permits providers to share information directly relevant to a family member's or friend's involvement in your care, using professional judgment and, when you are present, with your agreement or without your objection (45 CFR 164.510(b)). That is discretionary, not a right, and providers differ in how cautiously they apply it. A signed authorization removes the guesswork.

What happens to health information after death?

HIPAA protections continue for 50 years after death (45 CFR 164.502(f)). If an executor or administrator has authority under state law to act for the deceased person or the estate, the covered entity must treat that person as a personal representative for relevant information (45 CFR 164.502(g)(4)). Executors often need records for insurance, benefits or disputes. See the executor checklist.

When should I sign one, and where do I get the form?

Many online estate planning services include a HIPAA release with their healthcare documents. Trust & Will is the service we link to for guided estate plans; check what it includes and its current pricing on its own site. LawDepot offers templates you can compare. Our best healthcare directive services guide covers more options. For a complex family or medical situation, ask an estate planning attorney.

Frequently Asked Questions

What is a HIPAA authorization?

It is a signed permission that lets a healthcare provider or plan disclose your protected health information to people you name.

Is a HIPAA release the same as a healthcare power of attorney?

No. A HIPAA release allows information to be shared. A healthcare power of attorney names someone to make medical decisions for you. Many plans include both.

Does a HIPAA authorization expire?

It must contain an expiration date or expiration event. You can also revoke it in writing at any time.

Does it need to be notarized?

HIPAA itself requires a signature and date, not a notary. Some providers or state rules may ask for more, so check with the provider.

Who should I name?

People you trust with private medical details, such as a spouse, adult child or close friend, plus a backup.

Does HIPAA still protect my records after I die?

Yes, for 50 years after death, and an executor with authority under state law is treated as a personal representative for relevant information.

Can I include one in my estate plan documents?

Yes. Many people sign a HIPAA authorization along with a healthcare power of attorney and living will.

Sources: Cornell LII, 45 CFR 164.508; 45 CFR 164.502; 45 CFR 164.510 (checked October 27, 2026). State law varies; confirm with an attorney.

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