In high school we begin to learn all about college. We prepare for standardized tests, write personal statements, and fill out applications. But there is one thing we typically aren’t prepared for- the consequences of reaching legal age and failing to take proper legal precaution.
Say you turn 18, get accepted into your top priority school, and move cross country.
Soon after the semester begins, the unexpected happens and you are in an accident…
You are brought into the emergency room unconscious. Given your lack of consciousness, you can’t make decisions regarding your own healthcare. Your friend or roommate contacts your parents. Your parents then try to obtain information on your condition and due to the Health Insurance Portability and Accountability Act (HIPAA) regulations, they are unable to do so- especially not from a distance.
In this kind of scenario, who would you want making medical decisions for you? While no parent or child wants to think about such events, there is something that can be done to give your parents (or other trusted loved one) the ability to access your medical information and make informed decisions on your behalf, if you are unable to do so.
Beyond that, what if you have a problem with your lease or landlord while at college?
What if you need money wired to you from your hometown bank? Your parents can’t handle these situations and conduct that business on your behalf without the appropriate paperwork in place.
Okay… so what should we do?
What can be done to prepare for the unthinkable so that we can rest easy and enjoy life?
There is a minimum of three legal documents that will make it easier for parents to help adult children in the event of an emergency, medical or otherwise, as well as help with routine decisions while adult children are away:
- Medical Power of Attorney – A medical power of attorney is a legal document where one can name another person as their health care agent. The agent has the ability to make health care decisions and the responsibility to make sure doctors and other medical personnel provide necessary and appropriate care according to the patient’s wishes.
- HIPAA Authorization – A HIPAA Authorization is a legal document that allows another person access to one’s health information.
- Durable Power of Attorney – A durable power of attorney is a legal document giving one’s agent the authority to conduct specified business, financial, and legal transactions on one’s behalf.
There may be other documents appropriate to have in place, depending on the situation. Having these forms in place allows parents to help in emergency situations as well as non-emergency situations.
I have personally used it for my college-aged child to make dental and vision appointments for him since he’s home for short periods of time and needs to schedule his appointments in advance. I’ve also used his Medical Power of Attorney to obtain copies of his medical records that his athletic trainer needed to review before he would be allowed to practice with his team again.
If you are interested in having a conversation about what kind of estate plan would work for you and your family, we can work with you to make recommendations specific to you and your life circumstances. And while you can obtain most of these forms online and complete them yourself, it’s important that you speak with an attorney so you understand what decisions need to be made and the ramifications of each decision.
If you’d like more guidance on estate planning for your unique family, give us a call. We’d love to support you through a relaxed and peaceful transition into adulthood.