Congratulations on your child stepping into adulthood! Whether they’re still living at home, heading off to college, or exploring the globe, it’s vital to consider how you can access their medical information if needed. This becomes especially crucial if they find themselves injured while traveling, whether it’s in another country or just a different state.
Once your child turns 18, they are legally recognized as an adult. This means that if they face a medical emergency or require hospitalization, obtaining medical information can become a significant challenge. Due to strict HIPAA regulations, healthcare providers are often hesitant to share information without a health care power of attorney in place. Even if you are covering their medical expenses, you may not be granted access to their medical details or be able to discuss treatments and prescriptions with their doctors without explicit permission.
You essentially have two pathways to navigate this situation. One option is to fill out a HIPAA release form for every possible healthcare provider they might encounter, which can quickly become cumbersome and impractical. A more efficient solution is for your child to name you as their “health care surrogate” through a health care power of attorney form.
What is a Health Care Power of Attorney?
This legal document allows your child to appoint someone they trust—like you—to access their health information and make decisions regarding their care if they become incapacitated. The designated individual is referred to as a “health care surrogate” or “health care proxy.”
Incapacitation can occur in various ways, whether it’s a brief situation, such as losing consciousness in an accident, or a more prolonged condition like a stroke or coma.
By having your child designate you as their health care surrogate, you gain the authority to communicate with medical staff and make crucial healthcare decisions on their behalf. While you might assume that being the next of kin would grant you this authority, many medical facilities may still require a health care power of attorney document, especially if you’re not physically present. Having this document can significantly reduce the stress and obstacles you may face when trying to prioritize your child’s well-being during a challenging time.
Where to Obtain a Health Care Power of Attorney Form
These forms are readily available online, but it’s essential to check your state’s specific requirements, as some states offer their own preferred versions. Additionally, consulting an estate planning attorney can help ensure the document is properly drafted and understood.
Duration of the Power of Attorney
As for how long this power of attorney remains effective, it lasts as long as your child desires for you to be their health care surrogate. They can modify or revoke the document if their circumstances change, such as getting married or selecting a different surrogate. It’s wise to have them consider appointing an alternate health care surrogate should you be unavailable. Note that the health care surrogate designation becomes void upon your child’s death or if the designated surrogates pass away.
By establishing a health care power of attorney for your adult child, you ensure that you can access their medical information and advocate for their care in times of need. This arrangement allows both you and your child to embrace independence with the reassurance that you can still provide support when it matters most.
For more information about navigating health care decisions, check out this excellent resource on the IVF process. And if you’re looking for ways to boost fertility, consider exploring our article on fertility boosters for men.
In summary, establishing a health care power of attorney for your 18-year-old is a proactive step that empowers both you and your child, providing peace of mind as they embark on their adult journey.