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If
your kid is about to fly the coop and head to college, you’ll want to
make sure they have some key items: extra-long sheets, a laptop, a
printer, their toothbrush…oh, and a few legal documents. Sure, that last
one isn’t as fun to think about but as Cindy K. Campbell, practicing
attorney and author of Legal Things Parents Should Know: With Occasional
Wit and Sarcasm, cautions, it’s best to be proactive in the (unlikely)
event that you find yourself dealing with an emergency situation. And
that means understanding your legal responsibilities and getting your
docs in a row (so to speak). Read on to learn more about the three
critical documents your child needs before they hit the dorms.
1. HIPAA Authorization
While
there’s nothing inherently dangerous about heading to college,
accidents can happen anywhere and what that means with regard to your
child and the medical care they receive is quite different now that
they’re 18 years old. The reason for this is HIPAA (the Health Insurance
Portability and Accountability Act)—a federal law in place to protect
an adult’s private health data. Under this law, Campbell explains that,
should an accident occur that requires hospitalization, “[your
18-year-old child’s healthcare team is prohibited from sharing their
condition with you—even though you are the student’s parent.” If that’s
concerning to you (we’re guessing it is), then you’ll be relieved to
hear that there’s an easy workaround—namely, a HIPAA authorization form,
which is a legal document “signed by your adult child and naming you as
an authorized party…[with] the ability to ask for and receive
information from healthcare providers about your child’s health status,
progress, and treatment.” (Phew.)
How to get it: Unfortunately,
there is no standard HIPPA Authorization form. Instead, many providers
have their own forms, which are often available on their websites. So,
if you know where your kid is going to college, one option would be to
find the forms of as many of the providers (doctors, hospitals, clinics)
that may be involved in their potential care as possible.
Alternatively, your local estate planning attorney will likely be able
to provide you with a stand alone HIPAA waiver that you can bring to any
healthcare facility.
2. Healthcare Power of Attorney
Furthermore,
the legal expert advises parents to have a signed Healthcare Power of
Attorney naming you as a “medical agent” with the ability to not only
view your child’s medical records, but also “make informed decisions on
his or her behalf” should your child be unable to do so themselves
(i.e., because they are unconscious or otherwise incapacitated). In the
absence of this form, or a court-appointed guardianship, “healthcare
decisions regarding your child’s diagnosis and treatment are solely in
the hands of healthcare practitioners,” says Campbell. In other words,
this document can help you avoid a situation in which both you and your
child are rendered powerless in the event of a medical emergency.
How to get it: Some
hospitals may have their own forms, but it will likely stay with the
hospital. Many states have their own simple Healthcare Power of Attorney
form through the state’s website. This is usually a simple document
that just states the names of the successor Agent(s) to make healthcare
decisions. Find out about your state’s specific requirements and see
sample forms here.
An estate planning attorney may have more options for you on an
expanded form that can cover everything from organ donation and
palliative care to decisions during pregnancy.
3. The General Durable Power of Attorney
Now
let’s talk about money. In any scenario in which a child is unconscious
or incapacitated, the parent should be able to make financial decisions
on behalf (and in the best interest) of said child—and, yep, there’s a
form for that, too. According to Campbell, “The General Durable Power of
Attorney authorizes you to…manage bank accounts, pay bills, sign tax
returns, apply for government benefits, break or apply for a lease, and
conduct similar activities for your child’s financial and legal
affairs.”
How to get it: Again, this document varies by state. You can see your state’s specific requirements and sample forms here. Similar
to the Healthcare Power of Attorney, the state may provide a simple
Durable Power of Attorney through the state website. For an expanded
document, including power over digital assets or business powers, you
may need to see an attorney.
Chances
are you will never need to wield any of the legal powers that the
aforementioned documents grant you as a parent, but it’s a very good
idea to have them handy just in case, as doing so will greatly reduce
the stress should an unexpected event occur. (Makes sense, right?)
