Do you have children who have turned 18? If so, please keep reading to find out which legal documents every young adult should have, why they’re needed, and where/how you can get them completed.
Article Table of Contents
Health Insurance Portability and Accountability Act (HIPAA)
Because of HIPAA, healthcare providers are unable to disclose information about a patient to ANYONE, even a family member, unless explicitly authorized by a patient. You, as a parent, have no more right to obtain medical information on your legal-age son or daughter than you would to obtain information about a stranger on the street. And that’s true even if a young adult is covered under his or her parents’ health insurance, and even if the parents are paying the bill.
A medical provider can choose to disclose protected health information to the family member, even without the patient’s authorization, if, in their professional judgement, it serves the best interest of the patient. But providers often come down on the side of patient privacy, particularly if they have never met the family member.
It’s not easy to ponder, but imagine your 18-year-old child, while away at school, is severely injured in a car accident and is taken to the hospital. As soon as you find out, you call the hospital to check on your child’s condition but are told they are not authorized to provide you with any details because they do not have prior authorization permitting them to share information with you.
Sitting down with your adult child and having them sign the appropriate documents naming a parent or guardian as an authorized party to handle matters in the event of an emergency can eliminate many potential unforeseen issues.
Important Documents:
A signed HIPAA authorization is like a permission slip. It allows healthcare providers to disclose your health information to anyone you specify. Your adult child is naming you as an authorized party and is giving you the ability to ask and receive information from medical providers about your child’s health status, progress, and treatment. This is particularly important in the event your adult child is unconscious or incapacitated. Without a HIPAA authorization in place, the only other way to obtain information regarding your child’s health would be to have a court appoint you as his or her guardian.
Young people who want parents to be involved in a medical emergency but fear disclosure of sensitive information need not worry; HIPAA authorization doesn’t have to be all-encompassing. Young adults can stipulate not to disclose information about sex, drugs, mental health, or other details they might want to keep private.
Medical power of attorney (POA)
A Medical POA or Health Care Proxy (as it is sometimes called) communicates your wishes in case you are unable to make medical decisions. In signing a medical POA, you appoint an “agent” to make medical decisions on your behalf in case you are incapacitated and unable to make such decisions for yourself. In many states, HIPAA authorization is rolled into the standard medical POA form.
Included in a medical power of attorney should be a living will. A living will specifies your wishes with regard to interventions in life-or-death scenarios in case you are unable to do so.
It is important to note that because state laws differ, you should obtain a Medical POA that complies with the laws where your young adult will be residing. If your child is away at college, that institution my have their own specific forms, so you should check with them and be sure to sign any of their forms IN ADDITION to these documents.
For example, my children are away at college – at Rhodes College and University of Michigan. But, both of my children reside in Texas. That’s where their license is, where they are registered to vote, etc. So, I have made sure I comply with the laws of the state of Texas. In addition, I have also signed the applicable forms provided by each school. You can usually find out which forms the school uses by going to University’s health services website and/or emailing the health services department.
Durable power of attorney (POA)
As an additional step, young adults should consider appointing a durable POA, enabling a parent or other designated agent to take care of business on their behalf. If the young adult becomes incapacitated or if they are studying abroad, the durable POA would enable the agent to sign tax returns, access bank accounts, and pay bills, for example.
When discussing this form with your young adult, you should stress the significance of this legal document, because the powers granted to the person named in the durable POA are broad and provide the ability to make medical, legal and financial decisions on the young adult’s behalf. Please encourage your young adult to name someone they trust explicitly.
Where to get these forms completed
Just a reminder that these forms vary by state law so it’s important to follow the rules governed by the state your young adult is residing in. There are several ways for you to get these forms completed:
- If you have a lawyer who has already drawn up estate documents for you in the past, you may request them to draw up these documents for your young adults as well. Price range is $450-$500.
- Utilize Mamabearlegalforms.com. This website is knowledgeable, walks you through utilizing a question and answer approach; and then completes the forms for you to print and sign. Price range is $100-$150.
- Utilize a free option on eforms.com or legalzoom.com.
Have questions? Please email me at: moneysmartjackson@gmail.com or leave a comment. I would love to hear from you.