Blogs :: Important Documents for Your College-Aged Children
When our children reach age 18 in the State of Texas, they are considered adults. What this means from a legal perspective is that they are responsible for their own financial, medical, legal, and business decisions. Any decisions that they make in these categories is theirs alone.
But, what happens if they suddenly find themselves unable to make these decisions? Let's say, for example, that they are away at college and travel back and forth during school breaks or on the weekends. In the event that there's an accident and they are taken to the hospital, unless they are coherent and can thoughtfully make decisions concerning their medical care, there should be someone else who can request information about their care and make the decisions for them. In most cases, a parent would be the likely choice; however, unless certain documents are in place prior to something like this happening, the hospital is under no obligation to share details about a child's situation or allow the parents to make decisions on their behalf if the child is over 18 years old.
In our office, we advise parents of children over 18 years old to have these documents established before they are needed. No one wants to think of their child sustaining a serious or life-threatening injury but the fact is, these things may happen. Preparing ahead of time can prevent trouble later. Here are a few cost-effective solutions that offer parents peace of mind:
Medical Power of Attorney: A Medical Power of Attorney allows your chosen agent to make any and all health care decisions for you when you are not able to make them for yourself. This document can become effective immediately or at the time of incapacitation.
HIPAA: HIPAA stands for Health Insurance Portability and Accountability Act and addresses health privacy of an individual. It protects a patient's sensitive health information from being disclosed without the patient's knowledge or consent. Without this document, family members cannot access patient health information nor communicate with doctors or hospitals on behalf of the patient. Having a signed HIPAA document allows for collaboration between medical professionals and family members.
Power of Attorney: A Power of Attorney authorizes someone to act and make business and financial decisions on behalf of someone else. This document will allow someone to access bank accounts and make other business or financial-type decisions. Powers of Attorney can be set up to take effect immediately or at the time of incapacitation.
An additional reason these documents are so important is that should your child have an accident that results in incapacitation, without these documents, the only way to assure you can legally take care of your child and make medical or business/financial decisions for him or her is by attaining Guardianship which is a more expensive and involved process. Having these documents in place is good practice for everyone over the age of 18.
To find out more about these and other documents and to schedule an appointment with a knowledgeable attorney, contact Boyd Handley at The Handley Law Office, 281.703.3616.