By Marc C. Shaffer
When you are raising kids, you get used to making all the decisions for them.
You fill out the school forms…
Sign the permission slips…
Talk to the doctor…
Keep an eye on their bank account…
But magically, something changes the day your child turns 18. Legally, they are now considered an adult and many things you used to have access to disappear, whether your or your child like it or not.
This can be a good thing because it is part of their growing independence. However, it also means that even if they are still on your health insurance or living under your roof, you no longer have the legal right to access their medical information or make certain decisions for them.
That can create a real challenge if your child is away at college, traveling, or simply unable to speak for themselves.
The good news is there are a few simple legal documents that can protect your child and give you the ability to step in when it really matters, without overstepping their independence.
Why This Matters More Than You Think
When a child turns 18, privacy laws change everything. HIPAA rules mean that doctors and hospitals cannot share medical information with you unless your child has given permission in writing. Emergencies happen, and if your student is in an accident or becomes seriously ill, you could be left in the dark during critical moments.
Financial access can also be a lifesaver. Whether your child is studying abroad, backpacking over the summer, or dealing with an unexpected situation, having the right permissions in place means you can help quickly.
The Three Key Documents
- Medical Power of Attorney (Health Care Proxy): Allows you to make healthcare decisions for your child if they cannot communicate for themselves.
- HIPAA Authorization: Gives healthcare providers permission to share your child’s medical information with you. Without it, you may be shut out entirely, even in an emergency.
- Durable Financial Power of Attorney: Allows you to take care of financial matters on your child’s behalf, from paying bills to handling banking issues, if they are unable or unavailable.
How to Get Them Done
At Searcy Financial®, we are happy to connect you with an estate planning attorney we know and trust who can prepare these documents in a cost-effective way. You can get them in place without committing to a full estate plan, and in most cases, the process is quick, affordable, and worth every penny for the peace of mind it provides.
For more information, visit our checklist: What Issues Do I Need to Consider as My Child Becomes Independent?
This checklist covers key issues for parents to consider as their children become independent, such as:
- Maintaining access to your child’s important health, financial, and academic information.
- Understanding how your financial goals may change (or need to be revisited) once your child leaves the house and becomes independent.
- Determining the extent to which your child will remain commingled with your finances as they become independent (e.g., taxes, health insurance, auto insurance, gifting, etc.).
- Evaluating the level of risk/liability your child may pose to their own finances.
Real-Life Scenarios Where These Documents Made a Difference
- A college sophomore came down with pneumonia and was admitted to the hospital during finals week. Her parents could not get updates from the doctors because of HIPAA rules. Fortunately, she had signed a HIPAA authorization and medical power of attorney at the start of the school year, which meant her parents could speak to her care team and help make important decisions.
- While studying in Italy, a student had her passport stolen along with her wallet. She needed money wired immediately to pay for expedited replacement documents. Because her parents had a financial power of attorney, they were able to handle the transfer on her behalf without delay.
- A recent high school graduate went on a summer trip before starting college. A burst appendix landed him in a hospital hundreds of miles from home. The medical staff could not update his parents until they faxed over the HIPAA release, he had signed before the trip. That simple document saved hours of frustration and worry.
- A freshman had a billing dispute with her off-campus apartment complex while home for winter break. The issue escalated while she was traveling for a volunteer trip. Her parents were able to use their financial power of attorney to negotiate a settlement and prevent the matter from going to collections.
These documents are not about controlling your child’s life. They are about making sure you can help when it truly matters and sometimes when minutes count.
If your son or daughter is turning 18 soon or is already in college without these documents in place, consider making this a priority before they head off for the next chapter of their life. If you would like an introduction to an attorney who can help, please reach out to us. We can connect you with someone we know and trust to help make this process simple, cost-effective, and stress-free.