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power of attorney



mitchduyts@hotmail.com (Mitch Duyts)
9/6/2004 4:58:03 PM


What does an attorney do when he/she needs to access confidential
information about a client (with the client's permission)? Does
he/she draw up a power of attorney giving him/her those powers? Or is
there some other way?
Thank you in advance,
Mitch
 
 
Paul Cassel
9/7/2004 6:24:27 PM


Mitch Duyts wrote:
What does an attorney do when he/she needs to access confidential
information about a client (with the client's permission)? Does
he/she draw up a power of attorney giving him/her those powers? Or is
there some other way?
It would depend upon the procedures demanded by the entity holding that
confidential information. A specific POA works in many instances.
-paul
ianal
 
 
mjacobslaw@comcast.net (Michael Jacobs)
9/7/2004 6:25:09 PM




mitchduyts@hotmail.com (Mitch Duyts) wrote in message
news:<0mjpj01fa2dlllcqscr7ia5icb77rd630m@4ax.com>...

What does an attorney do when he/she needs to access confidential
information about a client (with the client's permission)? Does
he/she draw up a power of attorney giving him/her those powers? Or is
there some other way?
Thank you in advance,
Mitch
A Power of Atty is something different -- it lets the "atty in fact"
(who does not have to be a lawyer) act as your agent in your stead,
signing your name, selling and buying your property, etc. In
contrast, all that is needed for access to confidential records is a
written authorization from the client for the records to be given to
the atty. If you're talking about medical records, a "medical
records release" that complies with the relatively new HIPAA
regulations needs to be signed by the client and submitted to the
doctor's office in order to get those records. A similar type of
written authorization for release of records can be used for other
types of records such as employment or school records.
--
This posting is for discussion purposes, not professional advice.
Anything you post on this Newsgroup is public information.
I am not your lawyer, and you are not my client in any specific legal
matter.
For confidential professional advice, consult your own lawyer in a
private communication.
Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
Columbia, MD 21044
(tel) 410-740-5685 (fax) 410-740-4300
 
 
bonomi@host122.r-bonomi.com (Robert Bonomi)
9/7/2004 6:25:33 PM


In article <0mjpj01fa2dlllcqscr7ia5icb77rd630m@4ax.com>,
Mitch Duyts <mitchduyts@hotmail.com> wrote:
What does an attorney do when he/she needs to access confidential
information about a client (with the client's permission)? Does
he/she draw up a power of attorney giving him/her those powers? Or is
there some other way?
Authoritative answer: "it depends." <wry grin>
"What" the confidential information is,
"Who" is holding it,
"Why" it is confidential.
*AND*, who has the authority to release said info, and to whom.
 
 
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