If your child is 18 years of age or older, he or she should execute a Health Care Proxy and Durable Power of Attorney. Especially, if your child is heading off to College in a different state. Laws regarding dissemination of Healthcare information vary from state to state. Many Healthcare providers will not discuss medical treatment with parents of young adults citing privacy concerns. The worst phone call you can get is from your child’s roommate or college informing you that your child has been injured and is in the hospital. Even worse still since your child is over 18 the hospital will not release medical information to you if you are not authorized as your child’s healthcare agent or proxy. No parent should be uninformed about his or her child’s medical condition. You should contact your Attorney to help prepare the necessary documents before your child leaves for college.
Nearly a quarter million of young adults between ages 18 to 25 are hospitalized with non-lethal injuries resulting from accidents.
Healthcare Proxy
In the event your child is injured in an accident at college a Healthcare Proxy will allow you access to their medical records and to direct Healthcare decisions on their behalf. If your child is injured or disabled in an accident and they do not have a Healthcare Proxy a parent may need court approval to act on their behalf. Once you have been appointed Healthcare agent on behalf of your child you can discuss medical records and direct your child’s medical care. While this document is typically associated with older people it is essential for younger people to have as well.
Durable Power of Attorney
A Durable Power of Attorney allows you to act on behalf of your child regarding financial decisions. In addition, a Power of Attorney will allow you to enter into to contracts on your Child’s behalf. For example, if you need access to their academic records or to handle car insurance payments if the vehicle is in their own name.
We recommend that all parents have these documents in the event of an accident it will allow the parent to take action and care for their child. The agent or proxy should keep originals of the documents in a safe place if the need arises they can present these documents to the Healthcare provider and direct treatment for their child.
Contact us for a consultation 201-819-0030 or Cardilelaw@gmail.com