Essential Documents to Protect Young Adults Turning 18
If you or someone you care about has a child who has recently turned 18 and may be going off to college or exploring other life opportunities, we wanted to share some important information that often slips under the radar amidst the excitement of celebrating their transition.
Did you know that when a child turns 18, parents and guardians lose access to their medical, financial, and academic records? It's a significant shift that catches many off guard. However, with the right legal documents in place, you can ensure continued access and support for your young adult in an emergency.
Here are four essential documents to consider:
1. Durable Power of Attorney: This allows a parent, guardian or trusted person to handle financial and legal matters on behalf of the young adult if they become unable to do so. In practicality, for those going off to college, details like tax deadlines, contractual obligations, bills, and other time-sensitive financial decisions can easily be overlooked with busy schedules. By exercising the authority granted with a Power of Attorney, you could maintain access to these matters, and avoid some headaches or costly mistakes that could result if financial items were overlooked.
2. Healthcare Proxy, Advanced Healthcare Directive or Medical Power of Attorney: All these documents may have a slightly different name but each does two things. One, it appoints an agent who can make medical decisions on behalf of the young adult when they are unable to do so and gives directions for the care they want to receive in different situations. These documents typically don't take effect unless it is determined they are physically or mentally incapable. It's a scenario you never want to have to consider but it's a document you will be thankful to have in place if it is ever needed.
3. HIPAA Waiver: By signing a Health Insurance Portability and Accountability Act (HIPAA) waiver, they can give access to their medical records which allows parents, caregivers or trusted persons the ability to communicate with their health care providers. This ensures you can continue to be informed and involved in their health care decisions. if they feel uncomfortable allowing unrestricted access to their sensitive information, they can limit its breadth according to their comfort level.
4. FERPA Waiver (optional): A Family Educational Rights and Privacy Act (FERPA) waiver gives you access to their educational records. Of course, this includes transcripts, disciplinary actions, scholarship information, and tuition information, but what is less apparent is that records maintained by the college campus’s health clinic are also considered an “educational record” and therefore not covered under HIPAA. For example, if they visit the university’s health services center for treatment, you would not have access to their medical records merely by presenting a signed HIPAA form.
Remember, legal requirements vary by location, so it's essential to research the specific requirements in your state and any state where they reside or attends college.
By preparing together, it can help ensure a smoother transition and a successful start to their journey and give you peace of mind. As always, if you need clarification or assistance gathering these documents, don't hesitate to reach out.
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