This summer my son turned 18, finished high school, and will be heading off to college in the fall. This has been a milestone year in my house and we are so proud of him. However, my son turning 18 will create some complications when it comes to healthcare. He is now seen as an adult under federal law and this means that his health information cannot legally be shared with anyone else – even with me, his mother. This means I can no longer schedule appointments for my son (he has to do that for himself), or ask his doctor any questions.
But sometimes we parents still need access to our adult children’s healthcare information, particularly in an emergency, or if our child has an ongoing health condition that needs monitoring, or medication. That’s without mentioning the horror stories we’ve all heard about accidents that happen at college (or maybe we have a few of our own we’d rather forget). Our children may be adults in the eyes of the law, but through no fault of their own, if something happens, they may need help navigating our complex healthcare system. However, without proper documentation, parents are left in the dark, unable to help their children with basic medical needs.
The easy solution is to ensure your adult child signs a Medical Power of Attorney. If your child names you as the agent, this document will give you the ability to obtain critical information about your child’s medical situation and to make decisions on their behalf if needed. Instead of being left in the dark, it puts you in the position of being able to help your child navigate their new world of healthcare.
A Medical Power of Attorney should always be accompanied by a HIPAA release. HIPAA (the Health Insurance Portability and Accountability Act) is federal legislation that prevents medical professionals from releasing any information about a patient without their express consent. A HIPAA release is designed to give consent to whomever the patient names (almost always the person they designate as their agent in a Medical Power of Attorney).
With a Medical Power of Attorney and a HIPAA release, your adult child will be armed with what they need to feel secure as they move into adulthood, and you will feel confident knowing you have set them up for success when they are most in need.
If you would like to create a Medical Power of Attorney for your adult teenager before they leave for college, please get in touch by calling 720 457 4573 or emailing us at info@rockymtnelderlaw.com.
