As your child steps into adulthood, whether they are continuing to live at home, heading off to college, or traveling abroad, it’s crucial to consider how to access their medical information in case of an emergency. This is particularly vital if they encounter health issues while away from home.
Once your child turns 18, they are legally recognized as an adult, which can be challenging for many parents to accept. In the event of an injury or hospitalization, obtaining medical information can become complicated. Due to stringent HIPAA regulations, healthcare providers are often hesitant to share information without a health care power of attorney (POA) in place.
Even if you are responsible for their medical expenses, you may find it difficult to communicate with their healthcare providers regarding prescriptions or other medical concerns without your child’s explicit consent. You have two primary options: you could fill out a HIPAA release form for every possible doctor they might visit, which can be both tedious and impractical. Alternatively, a more streamlined approach is to have your child designate you as their health care surrogate through a health care power of attorney document.
What is a Health Care Power of Attorney?
This legal document allows your child to appoint someone they trust to access their health information and make medical decisions on their behalf in situations where they might be incapacitated. The appointed individual is referred to as a “health care surrogate” or “health care proxy.”
Incapacity can arise from a variety of circumstances, ranging from temporary situations like a car accident to more severe conditions such as a stroke or coma. By designating you as their health care surrogate, your child grants you the authority to engage with medical professionals and make decisions concerning their care during such times. While you may have a natural claim to this role as next of kin, medical facilities often require a health care power of attorney to provide the necessary information, especially if you are not physically present.
Obtaining a Health Care Power of Attorney
Obtaining a health care power of attorney form is relatively straightforward; many templates are available online. However, it is essential to verify the specific requirements in your state, as some may have their own preferred forms. Consulting an estate planning attorney can also be beneficial, as they can create a tailored document and explain its implications thoroughly.
The duration of the health care power of attorney is contingent upon your child’s wishes. They retain the right to modify the document at any time, such as upon marriage or if they wish to appoint a different surrogate. It is advisable for them to designate an alternate health care surrogate in case you are unavailable. Importantly, this designation becomes void upon your child’s passing or if their chosen surrogates can no longer serve.
Conclusion
Having a health care power of attorney ensures that you can access your child’s medical information and make decisions when they are unable to do so themselves. This preparation allows them to venture into the world knowing that you are still able to support their well-being if necessary.
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Summary
Establishing a health care power of attorney for your 18-year-old child is an essential step as they transition into adulthood. This legal document allows you to make medical decisions and access their health information in case they become incapacitated. It simplifies communication with healthcare providers and ensures you can advocate for their needs when it matters most.