They’re finally off to college, but we are still their parents

What a great accomplishment. After 18 wonderful (and quick years) your child is now off to start this amazing new chapter in their life. They couldn’t wait to get settled in their new digs. Perhaps off to explore a new city. And, at a school you both really like, perhaps for different reasons.

In fact, your college age child is also of legal age – although it’s hard to imagine them making all the adult decisions they will need to make without you. And, as such, your ‘parental rights’ in a legal sense, are effectively terminated. Well, they still need you to help with the finances and you have a good relationship – so –nothing to worry about – right ?

Wrong. Being legally independent gives your child a host of new rights and terminates ones you used to have. One important example of this is in the area of making medical decisions. Everyone knows that it makes sense to appoint a Health Care Agent when they do their Will. Most people prepare these documents later in life (usually after the children are born). But, what if something happened to your college age child (now legally an adult) and someone needed to make medical decisions ? Is it clear that you will be the one ? Without a properly drafted and signed Health Care Agent appointment, the answer is no.

But, what if something even worse were to happen. We all hope that another VMI incident never occurs. But, if it were to, chaos ensues. People rushing to an emergency room to find out the condition of loved ones. Surely the hospital personnel would speak to you and help you understand the condition of your loved one ? Not so. Federal law (HIPAA) has now tightened up medical providers’ ability to disclose confidential information about a patient without their prior consent. The fix is easy: A HIPAA Release. This pre-authorizes medical providers to speak with the named individuals about a patient’s condition. Also a form typically done later in life when one does one’s estate plan documents.

Why wait ? Why not begin to teach your children about keeping their affairs in order early by suggesting that they consider (as a legal adult) already appointing a health care agent to act on their behalf if they ever were to have a catastrophic accident and couldn’t speak for themselves ? And, while they’re at it – do a HIPAA Release so that not only Mom & Dad can get through easily to the nurses station to see how they’re doing – but – so too could grandparents or siblings.

These documents are easy to prepare and simple to make available in a time of need. Consider a trip to the family lawyer’s office when they’re home for holiday break and give them a gift of guidance around very important issues. And, for the college student reading this article – think about taking initiative yourself and contacting a lawyer to draw up these simple papers for you.

For more information, or to schedule an appointment for your college age child, contact info@squillace-law.com