When your child turns 18, they become a legal adult, and while this is an exciting milestone, it also means that your legal ability to make decisions on their behalf ends. Many parents don’t realize that once their child reaches adulthood, they no longer have automatic access to their medical records, the ability to make healthcare decisions, or manage financial matters for their child, even in emergencies. This is where having a Power of Attorney (POA) and a Health Care Representative designation becomes crucial. In this blog, we at Guenin Law Office will explain why establishing these documents for your adult children is a smart step and how they can help protect your family in unforeseen circumstances.
What is a Power of Attorney (POA)?
A Power of Attorney is a legal document that allows someone else (the "agent") to make financial or legal decisions on behalf of the person granting the power (the "principal"). For adult children, this can be extremely helpful in situations where they are unavailable, incapacitated, or simply need assistance with financial matters.
Why Your Adult Child Needs a Financial POA:
In case of emergency: If your child is in an accident or otherwise incapacitated, you may need to step in to handle their financial affairs—pay bills, manage student loans, or take care of other important tasks.
While away at college or traveling: Whether studying abroad, attending college in another state, or traveling, your child may be unavailable to handle financial matters. A POA allows you to assist when needed.
Incapacitation: If your child is unconscious or unable to communicate due to a medical emergency, a POA allows you to manage their finances until they recover.
A financial POA can be limited to specific actions or broad enough to cover all financial matters, depending on your child's needs and comfort level.
What is a Health Care Representative?
A Health Care Representative (sometimes referred to as a Health Care Power of Attorney) is a person designated to make medical decisions on behalf of someone who is unable to make them for themselves. This is vital because, once your child is over 18, you no longer have automatic access to their medical information or decision-making power under the law.
Why Your Adult Child Needs a Health Care Representative:
Medical Emergencies: If your adult child is in an accident or becomes seriously ill, you may not have the legal authority to access their medical records or make decisions about their care without this document.
HIPAA Protections: The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of medical information, and even parents cannot access their child’s medical records without explicit permission. A Health Care Representative form allows you to have that access.
Ensuring Care Preferences: If your child has specific preferences for their medical care—whether they want certain treatments or wish to avoid others—a Health Care Representative can ensure those wishes are honored in case they are unable to communicate them.
How to Set Up a Power of Attorney and Health Care Representative
Setting up a POA and a Health Care Representative document for your child is a relatively simple process, but it's important to do it right. At Guenin Law Office, we can help guide you through the necessary steps and ensure these documents are legally binding and meet your family’s needs.
Steps Involved:
Discuss the importance with your child: Before preparing the documents, it’s important to talk to your adult child about the benefits of having these documents in place. Explain that it's not about taking away their independence but about ensuring they're protected in case of emergencies.
Choose the right agents: Your child will need to decide who they trust to make financial and medical decisions on their behalf. This could be you, another trusted family member, or a close friend.
Prepare the documents: Work with an attorney to draft the appropriate POA and Health Care Representative forms. These should reflect your child’s specific wishes and be tailored to your state’s laws.
Sign and notarize: The documents must be signed by your child and typically need to be notarized to be legally effective.
Keep copies in accessible places: Ensure that you, your child, and any relevant healthcare providers or financial institutions have copies of these documents. It’s a good idea to carry copies when your child is traveling or away at school.
When to Act
It’s a common misconception that these legal protections only become necessary when children are facing chronic health issues or are at high risk. In reality, accidents and emergencies can happen to anyone, and preparing these documents in advance offers peace of mind that your child will be taken care of in difficult situations.
Conclusion: Preparing for the Unexpected
At Guenin Law Office, we encourage parents of young adults to consider setting up a Power of Attorney and Health Care Representative designation for their children once they turn 18. These documents are invaluable tools that allow you to step in when your child needs help, ensuring that you can act quickly and effectively in times of crisis.
It’s never too early to start planning for the unexpected. Reach out to Guenin Law Office today to learn how we can assist you and your family in preparing these essential legal protections.
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