If you are celebrating your teen’s high school graduation and they are preparing to head off to college in the fall, please, please read this. And take action before they go!
Once your teen turns 18, you no longer automatically have legal authority to access their medical, financial, or academic information — even if you still support them financially. Which means, worst-case scenario, if your child is in an accident (God forbid) and is incapacitated, the hospital cannot legally divulge any information about their condition to you. Can you imagine? No, me either, but depending on the care team and the medical facility, it can happen. The following is a quick checklist of legal (and otherwise) documents I encourage you to complete to avoid that terrible position. Here we go:
HIPAA Authorization: This allows the medical provider to share information with parents or chosen adults.
Medical Power of Attorney/Health Care Proxy: This document allows someone to make medical decisions if your teen cannot communicate. (Rules vary by state … be careful)
Durable Financial Power of Attorney: This sort of document is useful if you need to help your teen with banking, leases, insurance claims, etc.
Living Will / Advance Directive: Many young adults are more informed about end-of-life options than ever before and, as such, may be very opinionated. If your teen has expressed thoughts about medical treatment (artificial life support or organ donation), these documents might be right for you.
While not legal documents per se, I advise that you also put together an Emergency Info Kit that includes: insurance cards, lists of medications and allergies, contact info for doctors, a copy of their passport, a copy of their student ID card, and a list of emergency contacts. And since so much is digital these days, make sure you have a digital access plan established with your teen so you can access online accounts, etc., in an emergency.
Last – the legal documents should usually be signed AFTER the teen turns 18. State laws can impact some of the documents, such as powers of attorney, so please consult with an experienced estate planning attorney to make sure all is acceptable.
Again, if your teen is headed out soon (school starts in about 90 days!) AND you do not have these documents prepared, please do not hesitate to reach out. I will be happy to help with them and any other estate planning needs you have. Visit my website at www.davidlefton.com for more information or call me at 513-399-7526.