Through your years of parenting, has the phrase "Be careful, accidents happen" been a common instruction? And now that your child is over 18 and a legal adult, doesn't this guidance apply just as much? Yes! Unfortunately, tens of thousands of Americans between the ages of 18-25 are hospitalized from non-lethal injuries each year. Further, accidents are one of the leading causes of death in young adults.
Why Do You Need Special Documentation?
Due to "age of majority" laws, when your child hits age 18 years he/she is considered an adult in the eyes of the law and gains certain rights - in certain respects, your child is essentially a stranger to you from a legal perspective. For example, under the Health Insurance Portability and Accountability Act you have no rights to obtain medical information (Note: This article is limited to medical issues, since these are of essence in estate planning matters). Therefore, to help care for your child in the event of medical emergencies, it is important to be prepared. In the event of a medical emergency, there are several forms you need when your child turns 18 (and whether your child is at home, living away, working part-time, or not yet doing any further education; essentially any situation in which your child still relies upon you).
Recently, a child away at college was taken by ambulance to a hospital due to a severe accident on-campus. When the parent called the hospital and asked to speak to the doctor, she was asked if the child was 18 and did she have power of attorney. When she said "no" the hospital's response was "we can't talk any further with you." This highlights the necessity of related legal documents. This documentation is certainly something parents or children don't want to think about before college, but as with insurance and other areas of life, it is important to be prepared for unforeseen circumstances. Here are four documents to consider:
HIPAA Authorization
A HIPAA release/authorization allows healthcare providers to disclose personal information for the person being treated to specified individuals. Limitations can apply - it does not have to encompass everything, so this is a personal decision that your child can make and you can discuss possible ramifications; an unlimited release allows the most flexibility in dire situations, which is ideal. As with the broader advance health care directive, a HIPAA release can include a Living Will.
Advance Health Care Directive
No one expects life or death situations to happen to young adults, yet if it does happen it is best to be prepared. In the unfortunate circumstance that your child is incapacitated and unable to make healthcare decisions, an advance health care directive appoints an agent to make these decisions. By creating an advance health care directive, your child can let your physicians and family members know how he/she would like to be treated in these dire medical situations.
General Power of Attorney
A general power of attorney (POA) allows the person your child appoints to act on his/her behalf and is often included in an estate plan to ensure that someone is present to handle your child's financial matters (e.g., tuition, student loans, banking and investment accounts, insurance, settling claims, landlord issues, and even social security identify theft). Without a POA, parents may not be able to provide necessary help.
FERPA Release Form
The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children's education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education records. When a student turns 18 years old, or enters a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student ("eligible student"). Consider having your child sign a "Disclosure and Consent Form" which can include both access to the educational and medical records (be sure to contact the college directly to find out the specific options and forms for that school, since policies differ). Your intervention may be necessary if, for example, your child is injured and forced to have an extended leave from education, thereby impacting grades and records.
Finally, keep in mind that if your child attends an out-of-state school, it is important to sign specific forms for the school's state as well as your home state. Finally, maintain scanned copies of these documents on your phone, your child's phone, the cloud and your computer.
Specialized Estate Planning for Families
Estate planning is multi-faceted and requires adaptations as people move through life phases. The attorneys at Mortensen & Reinheimer, PC thoroughly understand the estate planning needs of families. Please contact Mortensen & Reinheimer, PC at (714) 384-6053 to make an appointment, or use our online contact form.
About the author: Tamsen R. Reinheimer, Attorney, is a Certified Specialist in Estate Planning, Trust & Probate Law (The State Bar of California Board of Legal Specialization). She has significant experience in all aspects of estate planning, trust administration, and probate. Contact Tamsen at tamsen@ocestateplanning.net.