We understand there is an overwhelming list of to-do’s when your child graduates from high school. Did you know that estate planning should be on that list? There are very important documents that every 18-year-old should have in place whether going off to college, staying at home and going to a local college or beginning a job or career.

Medical Power of Attorney and HIPAA Release

Did you know that when your child reaches 18, not only is he or she able to vote, but he or she doesn’t have to share medical information with you? For you as a parent, this means you are no longer permitted to act on their behalf to make medical decisions or receive medical information about your child in an emergency situation without completing a Medical Power of Attorney.

Your high school graduate needs to have a Medical Power of Attorney in place in the event he or she has a medical emergency whether away at college or while she’s living at home, so that the hospital can talk to you about the situation. There is nothing scarier than a parent getting a call saying their 18-year-old child is in the hospital, then hearing that the hospital cannot release information to you unless your child has a Medical Power of Attorney. If your child has one legal document prepared when he or she turns 18, make sure it is a Medical Power of Attorney!

A HIPAA Release is an important document that accompanies a Medical Power of Attorney. This document allows parents to receive information from your child’s physicians about treatments and medications prescribed. Knowing this information helps you as the parent make the necessary medical decisions for your child if he or she is incapacitated.

Durable Power of Attorney

Your adult child needs to have a Durable (financial) Power of Attorney for legal or financial decisions. This is a very important document for many reasons, such as your child has a job, and he or she needs you to deposit a check or pay bills from an account (including online accounts) while your child is traveling or in the hospital. A Durable Power of Attorney can also be very helpful for parents of a child who is planning to move into an apartment and the lease needs to be signed while the child is unavailable, such as travelling or is receiving medical treatment. These are just a few of the examples when a Durable Power of Attorney is extremely helpful to parents.

There are other documents that your 18-year-old or adult child may want to have completed as well. These include:

  • Simple Will
  • Advance Directive
  • FERPA Third Party Consent to Release (for college students)
  • Donate Life Texas Registry

Have our office complete these important documents for your child before they leave for college or at the time they turn 18. It is an easy process to complete them, and it will provide peace of mind for you as you send them out into the world.

  • Contact Erin Lucke