It’s 4:00 in the morning and you’re startled awake by the phone ringing. You answer groggily, “Hello.” The voice on the other end is every parent’s worst nightmare. “I’m calling from the hospital emergency department. Your son has been in a terrible accident.”
In a daze of grief, fear, and shock you hastily throw on some clothes and rush to your local hospital. You approach the nurse’s station and ask for information about your son. Is he alive? Is he stable? Does anybody know what’s going on?
“I’m sorry,” the nurse tells you. “I’m not at liberty to disclose any information about our adult patients without the proper release.”
“But I’m his mother!”
“I’m his father!”
“Please, we just want to know if he’s ok.”
“I’m so sorry. I’m not at liberty to say.”
When your child turns 18, they become legally independent. This means you may not access their medical or financial information without their permission. In emergencies, this can leave parents feeling powerless. Setting up Powers of Attorney and HIPAA Releases for your children over the age of 18 is a practical way to protect your adult children while respecting their autonomy.
Why Powers of Attorney and HIPAA Releases Are Essential
1. Powers of Attorney
A Power of Attorney allows your adult child to authorize you or another trusted individual to make decisions on their behalf under certain circumstance. There are two types:
- Financial Power of Attorney: Enables you to assist with banking, taxes, or other financial matters.
- Healthcare Power of Attorney: Gives you the authority to make medical decisions if your child is unable to do so.
These tools are critical in emergencies, ensuring you can step in when needed.
2. HIPAA Releases
The Health Insurance Portability and Accountability Act (HIPAA) protects your child’s medical privacy. Without a HIPAA release, doctors and hospitals cannot share medical information with you—even in a crisis. A signed release ensures you can communicate with healthcare providers and access vital records.
Situations Where These Documents Are Crucial
Having Powers of Attorney and HIPAA Releases in place prepares you for the unexpected:
- Medical Emergencies: If your child is hospitalized, you’ll be able to access information and make decisions about their care.
- Travel Accidents: Whether they’re studying abroad or traveling, you can assist from afar if they face a financial or medical issue.
- Ongoing Support: For adult children with injuries or disabilities, these documents are vital for managing long-term care and finances.
How to Set Up Powers of Attorney and HIPAA Releases
Creating these documents is straightforward but must be done correctly to be legally binding. Here’s how to get started:
- Consult with an Estate Planning Attorney: An estate planning attorney can ensure the documents meet state-specific requirements.
- Customize for Your Needs: Discuss your family’s needs and goals with your attorney to tailor the documents appropriately.
- Review Regularly: Life circumstances change, so it’s important to update these documents as needed.
Tips for Discussing These Documents with Your Adult Children
Talking about legal documents with your child can feel daunting. Here are some ways to approach the conversation:
- Emphasize that these tools are for emergencies only and respect their independence.
- Frame the discussion as part of broader financial or life planning.
- Share real-life examples of situations where these documents make a difference.
Get Started Today
Setting up Powers of Attorney and HIPAA Releases is an essential way to protect your adult children. These documents give you the ability to help when they need it most, without overstepping their independence. Contact the highly experienced Estate Planing Attorneys at Clarity Legal Group to learn how we can help you safeguard your family’s future. Call us at 919-484-0012 or click here to book a consultation.
