When a child turns 18, they’re legally considered an adult, which means parents no longer have automatic access to their medical information. Even if a parent or guardian has been managing their child’s health care for years, privacy laws like HIPAA (Health Insurance Portability and Accountability Act) prevent providers from sharing details without the child’s consent.
Without the proper legal documents in place, parents may find themselves unable to access crucial medical information or make decisions during an emergency. To avoid this, it is essential for young adult children to complete a few key forms as soon as possible after they turn 18, including a Patient Advocate Designation, HIPAA Medical Authorization, and Financial Power of Attorney.
Why Are These Legal Documents Critical for Adult Children?
1. Patient Advocate Designation and Living Will
This legal document appoints someone, often a parent, to make medical decisions on behalf of the child if they’re unable to do so themselves, such as during a medical emergency. The living will section allows the individual to express their preferences regarding end-of-life care, alleviating uncertainty and emotional burden for family members during difficult times.
2. HIPAA Medical Authorization
This authorization allows healthcare providers to share the child’s medical information with you, the parent, without violating privacy laws. Often combined with the Patient Advocate Designation, it ensures that you have the necessary information to make informed medical decisions.
3. Financial Power of Attorney
This document authorizes you to manage your child’s affairs, including paying bills and managing student loans, in the event they become incapacitated.
Consequences of Not Having Important Planning Documents
Without a Patient Advocate Designation, HIPAA Medical Authorization, and Financial Power of Attorney, parents must petition the probate court to become a legal guardian or conservator. This process is often costly, time-consuming, and can delay critical medical or financial decisions during emergencies.
Protecting Your Young Adult Child
Whether your child is preparing to leave for college or turning 18 at home, now is the time to implement these essential legal protections. Proper planning safeguards your child’s interests and prevents unnecessary legal complications for your family.
For additional information or assistance with patient advocate designations, HIPAA authorizations, and power of attorney documents, please contact your Varnum attorney or a member of our Estate Planning Practice Team.
This advisory was originally published on August 27, 2019, and republished on August 29, 2022.
