It’s an exciting moment when your children turn 18 and become adults. They might leave home, go to college, travel by themselves, or they might get a new job in a new place. Now, they need to make their own decisions. And as their parents, you might still be paying their tuition, still have your children on your health insurance plans and claim them as dependents on your tax returns. However, you no longer have the right to receive any of your children’s medical information or make any legal decisions for the young adults unless they legally authorize you to do so.
To avoid needing Court intervention in such circumstances, before they go, talk with your adult children about signing HIPAA releases, Health Care Proxies and Powers of Attorney.
HIPAA Release of Medical Information and Healthcare Decisions
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is the law that prevents you from getting medical information regarding your child over 18. Its purpose is to protect a patient’s right to privacy. A medical release form, commonly referred to by the statutory abbreviation “HIPAA,” will provide the necessary legal authorization to access all your adult child’s medical information. If your child grants you the HIPAA release, it will provide you with the authority to access their medical records, which otherwise you would have no right to see. Without such information, it would be impossible for you to participate in determining the best approach for your children’s medical care, to pick up prescriptions for them, or to speak with their doctors on their behalf.
Another vitally important document is the Health Care Proxy. In their Health Care Proxy, your child can choose to designate you as their “Health Care Agent,” which means you have the right to make medical treatment decisions for them in the event they are incapable of making or communicating such decisions. This document can also include language indicating your children’s preference with respect to the withholding of life support in the event of an incurable, terminal illness.
The Health Care Proxy is vital, because it allows your children to ensure that their wishes are respected. If any one of your children has a sudden onset of an incapacitating medical event and you are the named health care agent, you will be able to step in immediately and make health care decisions for your children following their wishes. With an executed Health Care Proxy for your adult child, you have the documents ready and would be able to look after your child. And, without a designated Health Care Agent, the Court would be required to intervene and name someone to take on this role.
Financial Decisions Under a Power of Attorney
The document, when properly executed, is usually called a “Durable” Power of Attorney. It permits you, as the designated agent, to manage financial affairs for your children. The word “Durable” refers to the fact that the Power of Attorney survives incapacity (unlike a common law Power of Attorney, which is revoked by incapacity).
In addition, if your child names you as their agent under a Durable Power of Attorney, you are authorized to handle financial transactions on their behalf such as managing tuition payments or getting tuition reimbursed, managing bank accounts, paying bills, filing taxes, or applying for government benefits. If your child is living off campus, you can also represent them when dealing with their landlords. A Durable Power of Attorney does not require your child to be incapacitated in order for their named agent to assist them in handling their finances. It could simply be that your child is away on summer vacation and needs your assistance to transfer rent money to their landlord.
It is tricky to plan for your young adult children when they are in college or on another life adventure. However, encouraging them to take responsibility for getting these important documents executed is a good step for their future, not to mention your own peace of mind.
