Protection for your child is an easy matter when they are minors. But, how do you give your baby legal protection when he or she reaches 18? More over, how do you protect them if they are unconscious or seriously hurt? At Principal Law, we know your children doesn’t stop needing your protection just because they go to college. Thus, we begin Part II of this topic from our previous blog.
Our July 4th Celebrations have concluded. And we have reached a high point of the summer season. There are many more summery days ahead. But it won’t be long before families will be preparing for “Back to School.” And in some cases, “Back to School” will mean the milestone of off-to-college-for-the-first-time.
It’s Time for a College Bound Legal Discussion.
Legal Protection for Your 18 Year Old in a Medical Emergency
You might think you have planned, purchased or packed every type of clothing, toiletry item and tiny appliance possible. But have you packed the paper work? We entitled this blog “What’s In Your 18 Year Old’s Wallet?” This suggests some legal documents we hope you will also “pack” for him or her.
What Legal Protection is Really in Their Wallet?
Of course the title relates to a popular slogan. And of course we don’t mean he or she has to carry around a ton of documents in their wallets. But at Principal Law, we want you, as parents to know about a handful of special papers. Today, in this blog, we present you with 4 legal documents that protect your fledgling adult even if he/she is “flying” off to college. College does not have to be your adult-child’s mission. Likewise, these four documents will protect him or her while winging out to a new job in another state.
A Principal Law Alert: Four Legal Forms of Protection for You to Discuss with your 18 Year Old Before He Leaves the Nest
The first of our four forms Principal Law wants you and your 18 year old to have in their wallet is termed the HIPA release.
Legal Protection of Your College Bound Child Becomes an Issue When She Turns 18.
1. HIPPA Release: No one likes to talk about car-crashes, sudden illnesses or ski accidents. But these are all jeopardy situations which can happen to any young person. In short, with a HIPPA release, if your child has a health crisis or emergency, you can get information quickly and legally. But without one, your child, as an adult, is protected with legal confidentiality.
In our previous blog, we revealed the importance of a HIPA release. In brief, we explained how this legal document allows hospitals to release medical information about your adult-child, to you.
A Quick HIPA Form Review: Protection of Your Child’s Privacy
We noted how some hospital personnel might withhold discussion about your adult child’s condition. This is in an effort to protect their new adult right to privacy. “Without a HIPA form, doctors may choose not discuss your child’s condition with you. However, they may decide to if they think it’s in your child’s best interest…”
It is sometimes a long way between the ear of the ER person on the phone and the ear of the doctor in charge of your child’s case. We also pointed out an important point in our previous article. At many institutions “disclosure rules vary, so it’s best to have it in writing.”
Our second legal document for your adult-child’s wallet is termed:
Medical Power of Attorney or Health Proxy.
Are You Prepared for the Emergencies of Your College Student?
2. The Medical power of Attorney or Health Proxy gives the parent, the “authority to make medical decisions on your child’s behalf…” in a health crisis. Thus, if your child is rendered unconscious or unable to make a health-care decision, the Medical Power of Attorney is vital. The document enforces your ability to decide on medical treatment for him or her.
“For example, your child has been in a car accident and she’s unconscious.” This example is by Elizabeth Pagel. She is a Texas-based family law attorney. The child’s “leg has been shattered, and there’s a decision to repair or amputate the leg…” She adds a chilling legal reality. “Unless you’ve been designated her health care proxy, you can’t make the decision for her.”
Because many elderly people use this form, we might not think of it as necessary for a young person. However, it is especially useful if your son or daughter is planning to study in another country.
According to the well-documented source, Online Sunshine, indicates that another document can be helpful. The Florida Financial Power of Attorney statute will give your son or daughter the power to name you as the person who will stand in for him or her in financial matters. Again, we often hear of older people using this, but your young adult could elect it also.
Legal Protection At A Child’s Eighteenth Birthday: Time for Parents to Have an Awkward Conversation
As your child has grown, we know you have had several awkward conversations. Perhaps the “leaving home” conversation will be second only to the conversation on the birds and the bees. When your young adult is ready to leave home, a talk about debilitating diseases and serious car accidents should occur. What if you never discuss the possibilities of severe accidents or deadly disease with your adult child? Then, how will you know what their wishes would be in such extreme situations?
There is another document for that conversation. This is the Living Will, or Advanced Care Directive. And it is the 3rd of 4 documents we suggest you discuss. We suggest you read our previous article on this subject. It points out that this will is related to health and life threatening conditions. It is not related to property.
Learn About Your Rights as Parents When Your Child Goes Off to College.
3. The Advance Care Directive, aka Living Will
In short, this document extends a person’s wishes for advanced health care in event of an accident or sudden health crisis. Principal Law has discussed this document in great detail previously, but not in connection with young adults.
Living Wills are not Just for Elderly People
Parents and adult children have to discuss some difficult issues in conjunction with the Living Will.
- How does your son or daughter feel about extending life with mechanical means?
- How does he or she feel about organ transplantation? Does he or she have an opinion in situations involved with “pulling the plug?”
- In regards to a Living Will, family lawyer Pagel has stated, “Young people should have one of these as well,..”
About the Living Will, Protecting Your Child and the Calls You Dread
She explained, “Accidents do happen. Car crashes are the leading cause of death for U.S. teens. An advance care directive outlines a person’s wishes about life-extending medical treatment, as well as other intentions, such as organ donations.”
Pagel adds, “This form is especially helpful in the event parents have different ideas about how to handle a scenario like a terrible car accident.” She adds solemnly, “This kind of situation can destroy a family.” Such situations are inherently emotional. A legal paper is objective. And your young adult’s signature on one is powerful. It bears mute testimony to his or her wishes beyond his or her capacity to speak. We implore you to take a look at the Florida form, and discuss your young adult’s wishes with the help of the questions on the document.
More Situations for a Needed Power of Attorney: Child Studying Over Seas
Number four on our list of legal documents for 18 year olds to consider. This can be especially vital if they are going to a foreign country. This document is referred to as the Durable Power of Attorney.
4. Florida’s Durable Power of Attorney:
With the durable power of attorney, the power of a person’s signature is transferred to someone they choose, called the “Principle.” So, with a durable power of attorney, a parent could thus sign documents of any kind in the name of their young adult-aged child.
This document, like the others we have listed today, varies from state to state.
For example, in Florida you must have this document witnessed by two people, as well as notarized. Likewise it must be properly executed and valid under Florida Law. Let us clarify this points. “a notary must acknowledge the principal’s signature for the Power of Attorney to be properly executed and valid under Florida law.”
There are exceptions for military Powers of Attorney and for Powers of Attorney created under the laws of another state.”
Not any one of the four documents in our list is an “all or nothing” proposition. Each of them lists powers that can be specified or checked off a list, making them as narrow or as broad as the law ordains.
The Meaning of Durable
“A Power of Attorney terminates if the principal becomes incapacitated, unless it is a special kind of Power of Attorney known as a “Durable Power of Attorney.” A Durable Power of Attorney remains effective even if a person becomes incapacitated.” All three types of Powers of Attorney discussed in this blog are durable, when properly executed under Florida Law.
Principal Law Explains Protection of your 18 Year Old and Your Use of Durable Power of Attorney.
“A Power of Attorney terminates if the principal becomes incapacitated. There is an exception. It is a special kind of Power of Attorney. And it is known as a “Durable Power of Attorney.” A Durable Power of Attorney remains effective even if a person becomes incapacitated.”
Today, if a Power of Attorney is drafted, it is probably a Durable one. That concept goes to the heart of why you would hope your adult-aged child would sign such a document with you and for you as a parent.
Better Safe Than Sorry
And then, at Principal Law, it also goes to the heart of why you hope you would never need to use it. We hope you only keep it in storage, except for something benign like renewing a driver’s license or signing a tax payment.
Remember this blog is never intended to replace a consultation with an attorney. It is only general information to give you basic facts in your initial research of a legal topic. We thank you for reading our blog here at Principal Law where we endeavor to bring you important news and information about the legal matters that touch your life.
