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You have invested the last 18 years caring for your newly-minted adult son (or daughter), ensuring that they wear a coat when it is raining and eats their Brussel sprouts, no matter how “gross” they may be. Your job as a parent has been to protect them, from themselves as much as from outside dangers. Now that they are going off into the adult world, whether to college or into the workforce, they will need you in that protective role more than ever (not that theywould actually admit it).
Before your newly-minted adult child leaves to take the next step, they should get their basic “legal house in order,” by signing some essential legal documents so you can continue to help them, if life gets complicated. Not sure what those documents are? There is no need to worry. Read on for an overview of what they are and why each is necessary.
FERPA Release
If your adult child will continue pursuing their education or training, then the Family Educational Rights and Privacy Act is structured to protect the privacy of your adult child, when it comes to educational records. While this privacy protection is good news on many fronts (especially for Johnny if he is getting a “D” in Chemistry), it could end up preventing you from having access to critical information, in the event of an emergency, or if your adult child is abroad and unable to deal with a time-sensitive educational issue. Having a FERPA Education Records Release in place, can allow you to access the records and information your adult child needs in these situations.
Helpful tip: Be sure to identify the school your adult child is attending — a general release may not always be sufficient to access the information you need. You can usually pick up a release form directly from the school or download the form from the school’s website.
Durable Power of Attorney for Health Care Decisions
Even though he or she may not think it is possible, young adults can become incapacitated due to an injury or illness, just like the rest of us. A sudden illness, sports injury, alcohol poisoning, or auto accident can land your adult son in an emergency room. If he has not given you written legal authority in advance to make his health care decisions, then you will be unable to make those decisions for your son, when needed. Consequently, it is best to plan for the worst now, by having your adult son appoint you as a decision-maker on a durable power of attorney for health care decisions. While he is at it, he should appoint a backup decision-maker, just in case something was to happen to you. Once executed, a copy of this medical power of attorney should be given to each of your son’s appointed decision-makers and his primary care physician.
Health Care Treatment Directive
One decision no parent wants to ever make, is an end-of-life decision for an adult child. Whether the document is called a health care treatment directive, living will, or other name, make sure you have a conversation with your adult child about the extent to which he would want medical treatment, under a variety of scenarios. In addition, have a discussion on the topic of organ donations. Should the decision to remove life support ever become relevant, this is the next medical matter that will need to be decided. All this guidance from your child should be reduced to writing and signed by him in the format approved by applicable state law.
HIPAA Authorization
While the Family Educational Rights and Privacy Act protects the educational information of your adult daughter, the Health Insurance Portability and Accountability Act (HIPAA) protects her privacy, when it comes to medical matters. Even if you have a healthcare power of attorney in place, without a HIPAA release her healthcare providers will neither talk to you nor share her medical records with you.
A proper HIPAA release form should include:
The form must also include statements that let your child know that:
Durable Power of Attorney for Financial Decisions
Taking steps to protect your adult son or daughter, when it comes to medical matters, is a given. What about taking care of their fundamental financial matters, if they become incapacitated? This is why a durable power of attorney for financial decisions decision is also needed. Through this legal document, your child may appoint you to address a broad range of financial matters for her, to include filing her taxes, paying her bills, and, if authorized, even managing her digital assets like email, social media and other online activities. Once executed, a copy of this financial power of attorney should be given to each of your child’s appointed agents and each financial institution, where he or she has accounts. In that way, the institutions will be more likely to honor the authority given when needed or will provide their own in-house forms.
Important Tip: A power of attorney should be “durable.” Make sure that all medical and financial powers of attorney are “durable,” so they will remain in effect, when needed. A non-durable power of attorney would expire, should your adult daughter become incapacitated.
Some Final Thoughts
Nobody likes to think about any of their children becoming incapacitated. Unfortunately, your legal authority to make even their basic personal, health care, and financial decisions ends when they reach legal adulthood. However, with proper legal planning now, you may be there for them, if needed. Are you leading by example? Have you made similar arrangements for yourself? Contact Vick Law, P.C. today to update or create your estate plan for yourself or child.
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