Posted On: August 16th 2017
As the new school year approaches and many of our 18-year-olds are preparing for their freshman year at college, there is more to be concerned about than the perfect roommate and what backpack is in style. Consideration should be given to the Health Insurance Portability and Accountability Act (HIPAA), which states that once a child turns 18, their medical providers are legally prohibited from sharing any health information, including injuries or illnesses, with their parents or other family members. As such, the age “18” transforms the parent/child relationship as it relates to making medical (as well as financial) decisions. In response to HIPAA, it is our recommendation that all individuals having attained the age of 18, regardless as to whether they live with their parents on a full or part-time basis, or not at all, should execute a Living Will, Health Care Proxy and Durable Power of Attorney. Customarily, a parent is appointed as their child’s agent.
A Living Will is a document that details an individual’s wishes in the event that they become unable to communicate them on their own behalf. Health Care Proxies work a little differently. Pursuant to the New York Public Health Law, a Health Care Proxy allows all individuals having attained the age of 18 to appoint a “health care agent”. This agent is given the authority to make medical decisions on behalf of the individual if he or she loses the ability to do so, whether on a temporary or permanent basis. Health Care Proxies can be tailored to include an individual’s preferred instructions and limitations regarding his or her health care decisions. Young adults typically appoint their parent as their “health care agent” so that in the event of an emergency, the parent has access to their child’s medical records and physicians and can, as well, make treatment decisions for their child.
A final protection all young adults should have is a Durable Power of Attorney. This document allows a trusted agent to act on an individual’s behalf to manage their financial decisions. Such financial decisions include accessing and managing bank accounts and executing legal documents.
By signing these legal documents, college bound young adults will be able to embark on their college year with greater peace and security. Therefore, an executed Health Care Proxy, Living Will and Durable Power of Attorney are important documents as they move forward on their next stage of life.
Please contact us if you if you have any questions about these documents.