7 www.loubar.org July 2025 Don’t leave anything to chance. Sure, there is a chance you’ll never need us. But why take that chance? Lawyers Mutual is dedicated to Kentucky lawyers and makes your work our priority. Call (502) 568-6100 or visit LMICK.com for more information on how you can cover and protect your practice. We want you to focus on what matters. JEREMY: I tend to separate them out. I do not see any reason why a hospital or medical facility would need to have a copy of anything other than health care specific information/authorizations. PHIL: I’m fine with POA making gifts, but it should be pointed out to the client. There are many good tax reasons to grant this power, but it needs to be clear to the client what the ramifications might be. And, if the client doesn’t feel comfortable, then to take out this power. I tend to draft to “empower good actors,” instead of “bad actors,” as I’m of the opinion that a bad actor is going to take the money, regardless of the what the document might say. Kathryn Beck is a Member of Stoll Keenon Ogden PLLC. She focuses her legal prac- tice on business services and litigation, as well as trusts and estates and trust and estate litigation. Beck serves on the Firm’s Board of Directors and chairs the Person- nel Committee. She received her JD from the University of Kentucky College of Law. Monica Davidson is the Senior Vice President and Director Trust and Estate Settlement at Baird Trust. She focuses on estate administration and client service. Davidson received her JD from the Univer- sity of Louisville Brandeis School of Law. Beck and Davidson are co-chairs of the LBA Probate & Estate Section. n (Continued from previous page) GET PUBLISHED CONTACT KIM KASEY, [email protected] Are you a new attorney looking to have a piece published? Have an article, opinion, etc.? Or are you an experienced author that wants to share? We have you covered as Bar Briefs relies heavily on contributions by generous volunteers. Reach out today! PHIL: I prefer separate documents, as I believe the institutions relying on them do as well. Hospitals prefer a separate health care surrogate and HIPAA document for their records. I think they are valid if combined, but it could muddy the water with the institutions and we never want to set up a scenario where the document is refused. KATIE: I typically use a Health Care Power of Attorney, Living Will Directive and poten- tially a separate HIPAA Waiver. If, for example, I have someone who wants a spouse to be agent but wants spouse and children to be able to speak with doctors and get health information, then I use a HC POA that does not include HIPAA waiver language, and use a separate HIPAA waiver that gives authorization to the broader group of people. Is it best to combine the health care surrogate and HIPAA authorization with a POA, or should these documents be separate? Can a POA make gifts? SETH: My preference is always yes, including adjusted taxable gifts. I do put limits on the gifts to include that it either must align with the principal’s estate planning or be directed to their spouse or descendants. The gifting power can be extremely useful if Medicaid planning is needed.
