02/08/2024
If you are the parent or guardian of an 18 year old, please read this article.
New Information!!
In my June article I wrote about the importance of your 18 year old needing a Power of Attorney and Healthcare Proxy regardless if they live at home, are in college, or live independently. The article generated quite a few questions. Generally, these documents are created by an attorney but there is an alternative available to create Advanced Directives and name a Healthcare Representative without seeing an attorney.
As stated in my last article, once your child turns 18 years of age, you no longer have the legal right to inquire about their medical care, make healthcare decisions on their behalf, or have access to their medical records. At the age of 18 years, the law sees them as adults and physicians and medical centers are bound by HIPPA laws. The same will hold true for their finances!
My first recommendation will always be that you seek the advice of an attorney when creating a Will, POA or Healthcare Proxy paperwork. The advice they provide will be thorough and beneficial. If this is not possible, I want to share an alternative for at least the Advanced Care Planning and Healthcare Proxy.
Prepare For Your Care (www.prepareforyourcare.org) is a legal document that can be downloaded and completed by your 18 year old (or anyone over the age of 18). Every U.S. State has its own advanced directive law. Some States accept other States' advanced directives but a few do not so I recommend a quick search of your State's website to understand what is accepted in your State. The State I reside in, Indiana, does recognize Prepare For Your Care.
Prepare For Your Care does not require an attorney to prepare and will be valid as long as you follow the signing instructions at the end of the document. Ideally, the entire form should be completed, but at minimum, complete the section that assigns a Healthcare Representative who has the authority to speak on your young adults behalf if they are not able to do so. It's important to remember that this form is completed and signed by your child and not signed by you as their parent.
Don't put this off another day! And while you're at it, download a form for yourself if you do not have Advanced Care Directives completed.
Have questions about Advanced Care Planning? Send your questions to: [email protected]