Odds and ends

Question 1

Power of attorney versus guardianship

Answer 1

Power of attorney – chosen by individual

Guardianship – ordered by the court

Power of attorney – appoint someone to make decisions regarding finances and legal matters

Guardianship – someone is appointed to manage a person’s affairs – with understanding that person can’t manage them themselves

Question 2

Court order/subpoena

Answer 2

Court order: directive issued by Judge requiring actions be taken

Subpoena: legal document requesting information or requiring someone to present themselves in court

On exam – “next or first“ thing to do following receipt of a court order or subpoena is notify client

If issued a court order, do what the judge says

If issued a subpoena, you must comply. However, if subpoena is a request for records – and comes from a lawyer, you can assert privilege. You then only need to discuss the specific information asked for – not everything in your records.

If the subpoena is a request for you to appear in court – you have to go – no asserting privilege 

Question 3

If you receive a court order or subpoena

Answer 3

Consult with a lawyer

Verify the subpoena’s legitimacy. Sometimes lawyers will issue subpoenas that aren’t legal.

Assess scope of request. For court orders, only release info requested. Per subpoena, you may have the option to assert privilege – if issued by lawyer – to protect some information in your records.

Question 4

Minor consent law in Hawaii

Answer 4

At 14 years or older, minor can consent to outpatient mental health services without knowledge or participation of their parents or guardians. This must be done in consultation and agreement with a licensed therapist.