Designation of Personal Representative and Removal of Personal Representative

CareMount patients may wish to designate others to participate in their care. They may do so by completing a “Designation of Personal Representative” (“DPR”) form.  Completing this form allows the person designated to receive protected health information (PHI), such as test results. It also permits the personal representative to request and receive the patient’s medical records.

In general, minors cannot sign legal documents since they are not 18 years of age. However, minors can designate others as their personal representatives for those situations in which they have special rights that are protected by New York State law (e.g., rights regarding birth control and pregnancy).  They would do that by signing a DPR, which would be limited to those specific situations. For example, a minor who is pregnant can sign a DPR providing her parents with access to her PHI in connection with the pregnancy.

When a patient reaches age 18, if the patient would like his/her parents to continue to participate in the patient’s care, the patient should sign a DPR form naming the patient’s parents. Otherwise, the patient’s parents will not have a right to receive any information regarding the patient’s care since the patient has reached the legal age of consent.

A personal representative is not the same as a health care agent.  A health care agent is appointed through a health care proxy form, in which a patient designates someone to make healthcare decisions when the patient cannot.  It is only effective if the patient cannot make his or her own her own decisions.  In contrast, a DPR allows the patient to designate others to receive PHI even if the patient is competent. Click below for each form: