Medicare does not recognize medical power of attorney—what to do ASAP

By Susan Chaityn Lebovits

One would assume that as a caregiver overseeing the health and welfare of your aging parents, power of attorney would allow you access to medical records, conversations with healthcare providers, and inquiries regarding insurance coverage. Medicare does not accept medical power of attorney (POA).

Medicare has their own authorization forms and that you must submit in addition to your POA as proof of representation.

Here’s what to do:
Make sure your POA / durable POA is valid under your state’s law.
Fill out Medicare’s “Authorization to Disclose Personal Health Information” form. You must submit this to Medicare by mail or fax, or via your online Medicare account in order to act on their behalf (filing claims, appeals, grievances, or choosing a Medicare Advantage or Part D plan),

When addressing Medicare Advantage or Part D plan companies, be prepared to complete their own authorization/representative forms in addition to the basic Medicare forms along with send a copy of the POA.

In some cases Medicare will allow a phone call with both parties to confirm consent. it’s worth an inquiry while you are getting the required forms signed and notarized.

Medicare is separate from hospitals/clinics, so your medical POA also needs to be on file with your loved one’s providers.

Give copies of your signed healthcare/medical POA to:
Your parent’s primary care doctor and specialists (ask to place it in your medical record).
Any hospital that they go to, especially before surgeries or planned admissions.
Some states or health systems have registries for advance directives; if available, register the document so it is easy for providers to access in an emergency.

Medicare may give specific instructions if signatures are missing because of incapacity.  Call 1‑800‑MEDICARE to clarify the process.

Practical tips
Use state‑specific POA/advance directive forms, call Medicare directly, or consult an elder law attorney to be sure your document meets your state’s requirements.

Keep a folder (paper or digital) with: your POA and Medicare disclosure form.
Having this information now will save a lot of stress and save time when it may be critical.
For information on Advance Directives/ Living Wills, POLST forms, HIPAA Authorization and Financial POA, visit Legal and Financial Responsibilities on our site.

Should you have any additional questions, reach out to info@easeintoaging.com