Before you send your child off to college make sure they sign medical directives and a durable financial power of attorney. 

Let’s say your 18-year-old son is away at college and is involved in a serious accident and is at the hospital. Once a child reaches age 18, he is legally an adult, and as a result, all medical records become private. This poses a major issue if your child winds up in a hospital seriously ill or injured.  However, if he has signed a Health Care and Mental Health Care Power of Attorney naming you as his “Agent,” you will have the ability to view his medical records, communicate with medical providers, and make informed medical decisions on his behalf if he is incapacitated. Without these legal documents, you may need Court guardianship to handle medical and personal decisions for your adult child. 

Similarly, parents don’t have the authority to manage financial or legal matters for their kids once they turn 18. But, if your child signed a Durable Financial Power of Attorney naming you as his “Agent,” you would be able to handle important financial and legal matters for him.  Without a valid financial power of attorney, you may need Court conservatorship which takes significant time and money. 

Your College-Age Child Should Have the Following Legal Documents In Place:

Health Care and Mental Health Power of Attorney

• Make health care and mental health care decisions if your child is incapacitated.
• Make choices about who provides your child’s care.
• Avoid court-appointed guardians.
• Control end-of-life treatment decisions.

Living Will

• Directs medical treatment wishes in end-of-life circumstances

HIPAA Release Form

• Designed to cover all healthcare providers
• Allow healthcare providers to share medical information with the person(s) listed

Durable Financial Power of Attorney

• Manage bank & investment accounts
• Deal with credit cards & creditors
• Interact with landlords & insurance companies
• Handle lawsuits and legal claims
• Carry out financial tasks for a child who is incapacitated, traveling, or deployed
• Manage student loans & financial aid

BTW: You also need these important legal documents. Every adult 18 years and older should have these important documents in place just in case of need.

In AZ? We can help. Call 480-922-1010 or email info@bivenslaw.com to schedule a complimentary consultation today. 

 — Stephanie A. Bivens, Esq. CELA