As a parent, you may be accustomed to managing your
children's legal and medical affairs, as circumstances require. 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?
The simple fact is that the day your child turns 18, he or
she becomes an adult and has the legal rights of an adult. This means that you
lose your prior held rights to make medical and financial decisions for your
child unless your child executes legal documents giving you those rights back.
Without the proper legal documents, accessing medical information and being
informed about your adult child’s medical condition can be difficult or
impossible.
It is
crucial to consider the legal implications of an accident or medical emergency
on your ability to stay informed and participate in important decision-making
for your young adult child. 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
tricky if your child is incapacitated and not able to grant permission on their
own.
In most
states, these three legal documents can make all the difference when a medical
crisis strikes. When utilized together, they can ensure a parent or trusted
adult be kept in the loop about care and treatment when a child over the age of
18 experiences a medical event. As with most legal documents, the law varies
from state to state, so be sure to seek out the counsel with us to determine
which forms suit your situation best.
HIPAA
Essentially
like a permission slip, this authorization allows your adult child to specify
who is allowed access to their personal medical information. Certain
information can be specifically withheld, such as drug use, sexual activity,
and mental health issues so that additional privacy can be protected if
desired.
Medical
Power Of Attorney
A medical power of
attorney or healthcare directive 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 medical power of attorney and requiring different forms. Check
with us to be sure you are following the laws of your state and the state where
your child resides.
Durable
Financial Power Of Attorney
Allows
the parent or another trusted adult to take care of personal business if the
adult child cannot do so. This form would allow the parent to take care of such
important tasks such as signing tax returns, paying bills, and accessing bank
accounts for the incapacitated adult child. A durable power of attorney is
powerful and gives broad access to sensitive financial and legal
decision-making and should only be given to a trusted relative or friend.
Help Your Child Start
Adulthood
These documents aren’t limited to adult
children. All adults should—at
minimum—have these documents in place. Contact us today to
schedule a time for your family and get the right documents in place for you
and your kids.
This article is a service of Ganvir Law, Personal Family
Lawyer®. We do not just draft documents; we ensure you make informed and
empowered decisions about life and death, for yourself and the people you love.
That's why we offer a Family Wealth Planning Session™, during which you will
get more financially organized than you’ve ever been before and make all the
best choices for the people you love. You can begin by calling our office today
to schedule a Family Wealth Planning Session and mention this article.
The content is sourced from Personal Family
Lawyer® for use by Personal Family Lawyer firms, a source believed to be
providing accurate information. This material was created for educational and
informational purposes only and is not intended as ERISA, tax, legal, or
investment advice. If you are seeking legal advice specific to your needs, such
advice services must be obtained on your own separate from this educational
material.