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Is your teenager back at college for the fall? From a smiling baby to a willful toddler, and now an independent and questioning teen, most parents see their children grow up in the blink of an eye. Although sometimes hard to imagine, on their 18th birthday, that smiling baby is officially an adult in the eyes of the law. Parents can no longer access medical records or speak with doctors (absent written permission of the ‘child’). One solution may be a power of attorney. Whether your child is living at home, in the military, or in another city, a power of attorney allows a parent to continue assisting with medical and financial decisions.
If your adult child has an ear infection or a cold, what was once an easy call for a parent to the doctor is no longer. The ability to request medication refills, obtain test results, or even make appointments suddenly stops on their eighteenth birthday. Without a medical power of attorney, doctors cannot release any information regarding your adult child’s health or medical prognosis. In most cases, the parent of an incapacitated adult child cannot intervene without legal authority. A doctor typically determines someone is incapacitated when the individual cannot make decisions for themselves, including being unconscious. A medical power of attorney allows a parent to step in without the potentially expensive and frustrating process of requesting permission from the courts.
A durable power of attorney similarly allows financial decisions on the adult child’s behalf. These decisions may include opening a bank account, requesting maintenance at an apartment office, or purchasing a life insurance policy on the adult child’s behalf.
Importantly, all powers of attorney are not the same:
- A medical power of attorney provides the holder with the authority to make medical decisions.
- A HIPAA release provides the holder access to medical records.
- A durable power of attorney allows institutions or billing companies to communicate with someone other than the adult child.
Talk to your child about executing a medical power of attorney, HIPAA release, and/or durable power of attorney on their 18th birthday. Many 18-year-olds are ready to conquer the world, the authority granted by any power of attorney is controlled by the individual giving the authority, including when the power of attorney can be used. This control may provide the desired independence with the inner struggle of the unfamiliar. Planning for the unknown provides everyone peace of mind.
As parents ourselves, we know the transition from child to adult child can be difficult to navigate. At ROSENBLATT LAW FIRM, our seasoned team of attorneys specializes in preparing documents, including powers of attorney for adult children and parents. We undertake the necessary steps to protect your child as they head out into the real world.
Schedule a free consultation with us at ROSENBLATTLAWFIRM.com or (210) 562-2900 to ensure your children are protected when they enter the adult world.
