As a parent, you’re accustomed to handling your children’s legal and medical matters when necessary. A quick phone call authorizing medical care while they’re away from you usually does the trick. But what changes when those “children” turn 18, legally becoming adults? Suddenly, your authority to make medical and financial decisions for them diminishes unless they’ve executed legal documents granting you those rights back. Without these documents, accessing their medical information or participating in decision-making can become challenging or even impossible.
When sending kids off to college or living far from home, it’s vital to consider the legal implications of potential accidents or medical emergencies. Once your child turns 18, they’re legally independent, and medical professionals must adhere to the Privacy Rule of HIPAA, safeguarding their medical privacy. Communication about medical issues becomes tricky if your child is incapacitated and unable to grant permission themselves.
In most states, three essential legal documents can make all the difference in a medical crisis involving your young adult child away from home. When used together, they ensure that a parent or trusted adult can stay informed and participate in decision-making during medical events involving young adults over 18.
- HIPAA Authorization: This permission slip allows your adult child to specify who can access their medical information. They can also choose to withhold specific details, such as drug use or mental health issues, for additional privacy.
- Medical Power of Attorney: This document designates an agent, often a parent or trusted adult, to make medical decisions on behalf of the young adult. State laws vary, so it’s essential to use the correct forms and seek legal guidance.
- Durable Financial Power of Attorney: This empowers a parent or trusted adult to handle personal business if the adult child is incapacitated. It grants access to tasks like signing tax returns, paying bills, and managing bank accounts. This power should only be given to a highly trusted relative or friend due to its broad scope and sensitive nature.
Navigating these legal matters requires careful consideration and adherence to state laws. Consulting with legal professionals can help ensure that you have the appropriate documents in place to protect your young adult child’s well-being in case of a medical emergency.
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