Your Rights As The Parent Of A Young Adult — What You Need To Know When A Medical Crisis Hits
As a parent, you're accustomed to managing your children's legal and medical needs as situations arise. If your child requires urgent medical attention while away, a simple phone call can often suffice. However, what happens when your child turns 18 and needs urgent medical attention far from home?
The day your child turns 18, they legally become an adult, and you lose the rights to make medical and financial decisions on their behalf unless they have executed legal documents granting you those rights. Without these documents, accessing medical information and being informed about your adult child's medical condition can be difficult or even impossible.
When sending kids off to college, it's 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 must adhere to 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, legally they are no more attached to you than a stranger, making communication about medical issues challenging if your child is incapacitated and unable to grant permission on their own.
In most states, three key legal documents can make a significant difference when a medical crisis occurs, and your young adult child is far from home. When used together, these documents ensure a parent or trusted adult is kept informed about care and treatment when a child over 18 experiences a medical event while at college, traveling, or living away from home. As legal requirements vary by state, it's important to seek legal counsel to determine which forms are most appropriate for your situation.
HIPAA Authorization
This authorization allows your adult child to specify who is permitted to access their personal medical information. Certain information can be specifically withheld, such as details about drug use, sexual activity, and mental health issues, allowing for additional privacy if desired.
Medical Power of Attorney
This document 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, requiring different forms. Be sure to check the specific requirements of your state and the state where your child resides.
Durable Financial Power of Attorney
This allows a parent or another trusted adult to manage personal business if the adult child cannot do so. This form would enable the parent to handle 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 grants broad access to sensitive financial and legal decision-making and should only be given to a trusted relative or friend.
The milestones come quickly once children graduate high school and venture into the world away from home. As your family navigates these significant rites of passage, consult with legal professionals to ensure excellent communication and peace of mind in case of a medical emergency. Including your young adult children in the process can be beneficial. Ensure your family has the necessary legal and medical protections in place to handle any unexpected situations. Contact a legal expert today to get the right documents in place for your kids.
This article is a service of Zarda Law, S.C. We do not just draft documents; we ensure you make informed decisions about life and death, for yourself and the people you love. That's why we offer Legacy Planning Session, during which you will get financially organized and make all the best choices for the people you love. You can begin by scheduling a Legacy Planning Session and mention this article to find out how to get this $750 session at no charge.
