Helping Your Adult Teenager Succeed – Medical Power of Attorney Edition

This post is the first in a series designed to help you help your eighteen-year-old child succeed as they transition from childhood to being a strong, independent adult.

A few weeks ago, I was making an appointment for my annual physical appointment with my doctor.  Every year, I set up mine, and I schedule my two children’s at the same time.  However, my daughter turned 18 this year, so when I asked the scheduler to get her appointment set up, I was met with a deafening silence.  I immediately realized why.  I no longer have any control over my daughter’s healthcare.  As a legal adult, she is protected by federal laws which prevent doctors from sharing any detail about her healthcare…even whether she is due for an annual physical.  I immediately told the scheduler that I fully understood (and that I was actually pleased they were strictly following the law), and I let her know that I would ask my daughter to call and make an appointment. 

This is an all-too-common occurrence for parents of new “adults.”  As a high school student, my daughter would never think to schedule an annual physical for herself, as she has always relied on me to take care of that.  But in her newfound adulthood, she must learn to do these things herself.  It is an important part of learning to “adult,” but one that’s easy to miss if we don’t set out teenagers up for success.

Unfortunately, scheduling an annual exam is just the tip of the iceberg.  As my daughter contemplates her college options, I am reminded of the horror stories I’ve heard from other parents.  A suicidal college freshman in desperate need of mental health services, but with no understanding of how to find the help she needs.  Or, a friend’s son who fell at a frat party and broke his arm, but was wholly unequipped to seek medical attention in the middle of the night.  Even I, as a junior at LSU, had a gallstone attack that put me in the hospital during finals week with no understanding of how to decide on the best path of care for myself.  All of these situations are ones where both parents and their adult children want parental intervention and advice.  However, without proper documentation, parents are left in the dark, unable to help their children with basic medical needs.

The easy solution is to make sure 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 meaningfully help your child navigate the new–and sometimes frightening–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 that consent to whomever the patient names (almost always the person they designate to be 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 Power of Attorney for your adult child, please get in touch by calling 720 457 4573 or emailing us at info@rockymtnelderlaw.com.