As a parent, you are quite accustomed to managing your children’s legal and medical affairs. If your child requires urgent medical attention while away from you, a simple phone call authorizing care can do the trick. But what happens when those “children” turn 18, now adults in the eyes of the law, and need urgent medical attention far from home?
The simple fact is that the day your child turns 18, they magically become an adult and are granted all the legal rights that come along with it. In turn, you as a parent lose your rights to make medical and financial decisions for your child. That is, unless your child executes legal documents giving you those rights back. Without proper legal documents, accessing medical information and even being informed about your adult child’s medical condition can be difficult and, in some cases, impossible.
When sending kids off to college, it is crucial for you to understand how you can stay informed and participate in important medical decisions for your young “adult” child, in order to do so, you’ll need to know the legal implications of an accident or medical emergency for an adult. Medical professionals are responsible for following the Privacy Rule of the Health Insurance Portability and Accountability Act (HIPAA), which ensures medical privacy protection for all adults. Once your child turns 18, they are (from a legal perspective) no more attached to you than a stranger, making communication about medical issues is tricky if your child is incapacitated and not able to grant permission on their own. Often, whether you’ll get this information or be allowed to weigh in on the decisions will simply depend on who is on the other end of the phone and if they’re willing to break the “rules” and the “law” for a worried parent.
In most states, these three legal documents can make all the difference when a medical crisis strikes and your child, who is now a young adult is far from home. When utilized together, they can ensure a parent or trusted adult is kept in the loop about medical care and treatment when a child over the age of 18 and something happens when they are away at college, traveling, or living far from home. As with most legal documents, the law varies from state to state, so be sure to seek out counsel to determine which forms suit your situation best. As your Family Wealth & Legacy Lawyer, we’re happy to help guide you through these legal issues and the various documents your child will need.
HIPAA
Essentially like a legal permission slip, this authorization allows your adult child to specify who is allowed access to their personal medical information. Specific information can be specifically withheld, such as drug use, sexual activity, and mental health issues so that additional privacy can be protected if desired.
Health Care Power Of Attorney
A Health Care Power of Attorney designates an agent to make medical decisions for the young adult. This could be you, as the parent or another trusted adult. Each state has different laws governing powers of attorney related to health care or medical issues. Every state has different forms and requirements about what needs to be included, how they need to be filled out, and the requirements to sign them to ensure they’re valid. Make sure you are following the laws of your state and the state where your child resides and we can help you be sure that these documents are being prepared properly.
Durable Financial Power Of Attorney
A Durable Financial Power of Attorney allows a young adult to appoint their parent, or another trusted adult, to take care of their financial affairs and personal business if the adult child cannot do so. This form would allow the parent to take care of important tasks such as signing tax returns, accessing bank accounts, paying bills, and managing accounts, like their e-mail and social media. A durable power of attorney is a powerful document, granting broad access to sensitive financial information and responsibility for legal decision-making, so it should only be given to a trusted relative or friend.
The milestones come quickly once someone graduates high school and enter the big, wide world away from home. As your family navigates these significant rites of passage, consult us as your Personal Family & Legacy Lawyer™ to determine how to ensure that your family will have open communication, access to information, decision-making authority and peace of mind if a medical emergency should arise. In fact, we often tell our clients with children going off to college that it’s wise to involve them in the process from the beginning, so we can begin educating them on all the fun that “adulting” entails.
We’re here to help make this process easy on you and your “adult” child, so that your family establishes the legal and medical protections needed to avoid any unnecessary problems or complications. If you haven’t gotten your family’s foundational estate plan in place yet, but this Article has sparked your curiosity in any way, please reach out and schedule your Family Wealth & Legacy Strategy Session so we can educate and empower you to design your own plan and get the right documents in place for your kids.
This article is a service of Family Wealth & Legacy Legal Solutions (FWLLS). We do not just draft documents; we ensure you make educated, informed and empowered decisions for yourself and the people you love. That’s why we offer a Family Wealth & Legacy Strategy Session™, during which you will get educated and begin to prepare to avoid life’s most common legal problems and get a plan in place to make the best possible choices for the people you love. You can begin by calling our office today to schedule a Family Wealth & Legacy Strategy Session and mention this article to find out how to get this $750 session at a significantly discounted rate, or even for free.