Grownish: How to Protect Your Adult Kids in a Medical Emergency

As a parent, you’ve diligently handled all of your children’s legal and medical affairs to ensure their well-being and security. But have you ever considered what happens when your “children” turn 18, leave home, and then require emergency medical attention? Having appropriate estate planning in place for your adult children can make all the difference during a health crisis. In this article, we discuss how you can continue to safeguard your brood - even after they’ve left the nest.

Under the law, the day your child turns 18, he or she becomes a full-fledged adult with all accompanying legal rights. When sending kids off to college, it is crucial to consider the legal implications of an accident or medical emergency on your ability to stay informed and participate in important decision-making for your young adult child.

In most states, three legal documents, detailed below, can make all the difference when a medical crisis strikes. When utilized together, they can ensure a parent or trusted adult be kept in the loop about care and treatment when a child over the age of 18 experiences a medical event.

HIPAA Release Form

Medical professionals are bound by the Health Insurance Portability and Accountability Act (“HIPAA”), which protects adults’ medical information. Once your child turns 18, they are (under the law) no more attached to you than a stranger. So if he or she becomes incapacitated or is otherwise unable to communicate, it will be quite difficult, and in some cases impossible, for you to receive any protected health information (“PHI”).

Like a permission slip, a HIPAA Release Form (also known as a HIPAA Authorization or HIPAA Consent Form) allows your adult child to specify who is allowed access to their PHI. When a patient signs a HIPAA Release Form, they are granting permission for their healthcare providers, such as doctors, hospitals, or clinics, to share their PHI with designated individuals or organizations. This could include family members, friends, caregivers, other healthcare providers, or any entity involved in their care or treatment.

It's important to note that a HIPAA Release Form only grants permission for the disclosure of PHI as specified in the form. Specific information, such as drug use, sexual activity, and mental health issues, can be withheld if desired.

Durable Medical Power of Attorney

A Durable Medical Power of Attorney (also known as a Healthcare Power of Attorney or Healthcare Proxy) is a legal document that grants another person, known as the agent or healthcare proxy, the authority to make medical decisions on behalf of an individual, referred to as the principal, in the event they become unable to make their own healthcare decisions.

The agent's role is to advocate for the principal's healthcare preferences and wishes. They have the authority to make decisions about medical treatments, procedures, medications, and other healthcare matters based on the instructions or guidance provided by the principal. By securing this document, you can provide your children with a voice and ensure their wishes are respected.

Durable Financial Power Of Attorney

A Durable Financial Power of Attorney for an adult child is a legal document that grants another person, known as the agent or attorney-in-fact, the authority to make financial decisions and manage the financial affairs of the adult child in the event they become incapacitated or unable to handle their own finances.

The agent's responsibilities may include paying bills, managing bank accounts, handling investments, filing taxes, managing real estate, and making financial decisions on behalf of the adult child. This allows for seamless financial management and protection in the event of unforeseen circumstances, providing peace of mind for both the adult child and their parents.

We Can Help

The milestones come quickly once children graduate high school and enter the big, wide world away from home. We’d be honored to help your family navigate these significant rites of passage and determine the steps necessary to ensure excellent communication and peace of mind when a medical emergency arises. Contact us today to schedule a Life & Legacy Planning Session for your family. We look forward to hearing from you.

This article is a service of Cedar Counsel. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love.