Congratulations on your child stepping into adulthood! Whether they are still at home, heading off to college, or exploring distant lands, it’s crucial to consider how you can access their medical information should the need arise. This concern becomes particularly pressing in situations where your child may experience an injury or health crisis in a different location.
Upon turning 18, your child is legally recognized as an adult, which can complicate matters if they are incapacitated. In such scenarios, obtaining medical information about them can be challenging due to HIPAA regulations that protect patient privacy. Even if you are responsible for their medical expenses, healthcare providers may be hesitant to share information without explicit permission from your child. This means you could find yourself unable to communicate with their doctors regarding treatment or prescriptions.
You essentially have two paths to choose from: you could request a HIPAA release form for every healthcare provider they might encounter—a cumbersome task, to say the least. Alternatively, a more practical solution 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?
A health care power of attorney is a legal instrument that allows your child to appoint someone they trust—often a parent—as their health care surrogate or proxy. This document grants that individual the authority to access medical information and make healthcare decisions on behalf of your child if they become unable to do so themselves. Situations that may lead to incapacity could range from a brief medical emergency to a long-term condition such as a severe stroke.
How Does It Benefit You?
Designating you as their health care surrogate means you can communicate with medical professionals and make informed decisions regarding their care. While you may naturally be viewed as the “next of kin,” hospitals may still require a health care power of attorney for any significant medical discussions, especially if you aren’t present physically. This document streamlines the process, allowing you to focus on supporting your child during difficult times.
Where Can You Obtain One?
Health care power of attorney forms are readily available online, but it’s important to verify your state’s specific requirements as they may vary. Some states even offer their own preferred forms. Consulting with an estate planning attorney can also be beneficial; they can draft the necessary documents and explain the intricacies involved.
Duration of the Power of Attorney
The health care power of attorney remains valid as long as your child desires it to be in effect. They can update or revoke the document at any time, such as after marriage or if they wish to appoint someone else. It’s wise for them to consider appointing an alternate surrogate in case you are unavailable, and this authority ceases upon their passing or if both surrogates are deceased.
With a health care power of attorney in place, you can ensure that you have access to your child’s medical information and can advocate for their care if they are incapacitated. This preparation allows them to explore the world with the peace of mind that you can step in when they need support.
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Summary
Establishing a health care power of attorney for your 18-year-old child is essential for ensuring you have access to their medical information and can make decisions on their behalf during emergencies. This legal document not only clarifies your role in their healthcare but also allows for smoother interactions with medical professionals.