Elder Law Answers
If I'm My Mom's Guardian, Am I Liable for Her Actions?
I am considering guardianship for my 87-year-old mom, who has dementia. She lives alone but has been advised by her doctor...
Read moreCan My Sister's Guardian Share Info With Our Parents?
- May 9th, 2024
Q
I need some advice about guardianship and HIPPA. I used to be my sister’s legal guardian, but gave it up, and my brother took over. My sister asked him not to share any information with my parents because she doesn’t want them to know anything. When I was guardian, I did not tell my parents anything unless she said it was OK. But my brother says he can share, so long as it is not medical information, because that’s HIPPA — and that anything outside that is free talk. I said that if our sister doesn't want any information shared, then he can't share it. Which of us is right?
A
It's a bit of a grey area, and the final answer could depend on the law in your state. As guardian, your brother makes medical and living decisions for your sister. This can include sharing information with others. HIPPA is really irrelevant because the individual is free to share their own medical information, and your brother, in that regard, stands in for your sister.
However, in most states, the guardian is supposed to carry out the wishes of the person under guardianship to the extent those wishes can be determined. This is known as “substituted judgment.” If this is the standard used in your sister’s state, then it sounds like your brother should not disclose any information to your parents.
Other states follow a “best interest” standard, under which your brother could disclose information if he determined doing so was in your sister’s best interest. Even here, the consideration should only be what is in your sister’s best interest, not that of your parents.
Last Modified: 05/09/2024