Parents have the ability to make medical decisions for their child, but when they turn 18 years old, everything changes. At this point their son or daughter is legally recognized as an adult and therefore is responsible for their own legal decisions. That’s why young adult children should consider establishing a healthcare power of attorney to ensure that their parents can still handle medical decisions if and when a medical emergency prevents them from being able to make their own decisions.
“This is often an overlooked fact, especially when the 18-year-old is looking at a future beyond high school”, says David Mammel, Shareholder and Chairperson of Estate Planning & Administration at Chapman Law Group in Troy. Because of healthcare privacy laws, a parent no longer can access information about their child’s medical condition once they turn 18 years old.
“Unless your child has named you as his or her patient advocate under a healthcare power of attorney, you can be left powerless at the time your child needs you most,” Mammel says.
Despite their youth, an older teen can experience illness, suffer sports injuries or be involved in serious auto accidents. Too often, parents don’t realize the need for a power of attorney document until it is too late, and their child is no longer able to name a patient advocate.
“Parents in this situation will find themselves in probate court, costing not only money, but precious time. That’s why every 18-year-old should execute the healthcare power of attorney, naming their patient advocates to make medical decisions on their behalf in the case of incapacity”, Mammel says.
“A healthcare power of attorney is one of the most important planning documents to have because it is one of only a few documents that necessarily affect someone during their life,” Mammel says. “Families don’t want to be caught in that situation when a few simple legal documents are all that you need to prevent having control over a loved one’s well-being.”
The healthcare power of attorney allows a person to state their preferences for end-of-life scenarios. Preferences can range from “do not resuscitate” type provisions to prolonged life support preferences. Either way, as with healthcare powers of attorney for people of any age, knowing what the individual’s stated preferences are takes the full weight of a stressful decision off others.
In addition, a young adult should execute a Health Insurance Portability and Accountability Act (HIPAA) medical authorization. The ability to make informed decisions for a son or daughter when named as a patient advocate won’t matter if parents are not able to get the relevant information about their child’s condition. The medical authorization alerts doctors and other medical personnel to the fact that they can provide parents with requested medical information about their son or daughter without violating the law. Because of HIPAA, medical authorization is a crucial addition to the healthcare power of attorney.
Unfortunately, without these documents, parents must file an action to be appointed guardian of their child in probate court, which is about the last thing families want.
“Probate court actions cost money, even when unrepresented by an attorney,” Mammel says. Needing to go to probate court can also cause significant delays at a time when every second may count for your child. It would be a safe bet to say that any parent who has ever been in this position would have preferred to have a healthcare power of attorney and medical authorization at the ready, before a time of crisis.
Families with young adults who want to learn more about executing the healthcare power of attorney and medical authorization should contact Chapman Law Group and reach out to David Mammel. Taking the right steps to ensure a young adult is protected is easy with help from an experienced estate planning attorney.
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880 W. Long Lake Road, Suite 150
Troy, MI 48098
Phone: (248) 644-6326
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