Can I prevent my spouse from having access to my medical information?

“If I am getting a divorce, can I prevent my spouse from having access to my medical information?”

Yes. It is important to prepare certain documents, especially if you don’t want your soon-to-be ex-spouse to have control over your medical care and finances when you cannot handle those decisions yourself.

If you execute certain Life Planning Papers, you can specify who is authorized to know about your medical condition. You can even specify who has the authority to make decisions for you if you are incapable of doing so yourself. The doctors and hospitals must abide by your wishes in this regard. By executing a Designation of Health Care Surrogate, you can name the person or persons who can make decisions if you are unable, but not in such a condition that a living will controls. Your lawyer should offer these services to prepare all or some of the following documents:

• Designation of Health Care Surrogate
• Living Will
• HIPAA Release
• Power of Attorney
• Do Not Resuscitate Order
• Organ Donor
• Will.

Chalotte Karlan is a divorce attorney who practices family law, divorce mediation and Collaborative Divorce with Karlan & Associates in Miami, FL.