Emergency contact or legal agent? Determining who may act for an incapacitated employee

When an employee suffers a serious illness, accident, or other incapacity, a spouse, parent, adult child, or emergency contact may ask the employer for information about compensation, benefits, leave, or personal property. The person may also attempt to give instructions on the employee’s behalf.

An emergency contact designation identifies whom the employer may notify. It does not, by itself, authorize that person to make decisions, obtain confidential records, change benefits, or manage the employee’s finances.

Emergency contact not necessarily a legal agent

An employee may name a spouse as an emergency contact but appoint another person as agent under a power of attorney. Different individuals may hold financial and healthcare authority. A family relationship alone doesn’t establish authority to act or receive confidential information.

An emergency contact form should therefore be treated as contact information, not evidence of decision-making authority. Before accepting instructions or disclosing protected information, you should determine whether the requester has authority under a power of attorney, guardianship order, or other legal document.

Scope of authority depends on the document