For many teens across the country, college has finally begun! Many students are beginning their freshman year of college at 18 years old. This means that they are considered an adult. Due to this, parents or guardians no longer have the right to access their child’s medical information even though they are likely paying tuition and have the adult child on their health insurance. Many estate-planning attorneys are advising parents and guardians to obtain a health care proxy with a HIPPA waiver, as well as a Power of Attorney.
When executing the health care proxy, be sure that it is compliant with HIPPA and be sure that a child names the parent or guardian as the agent. By being named as the child’s agent, he or she will be able to make medical decisions on their behalf in the event he or she becomes incapacitated. In addition, an agent has the capability to talk to health services at the child’s school or access basic healthcare information. In addition, executing a Power of Attorney and being named as the agent, will allow a parent or guardian to make financial decisions for their child or speak with the Financial Aid office at the school.
A health care proxy and a Power of Attorney allow a parent or guardian to assist a child with his or her day-to-day tasks. More importantly, these documents are crucial in the event of a medical emergency. Especially if the child becomes incapacitated, a parent or guardian may act on his or her behalf. Without having the proper documentation in place, a Judge in a Court of Law would have to appoint a parent or guardian as “Guardian” for the child. That is a timely and expensive process that can be avoided by executing these documents.
The experienced New Jersey estate planning attorneys at the Law Offices of Hunziker, Jones, & Sweeney help families handle all aspects of estate planning. Our New Jersey estate planning lawyers are trusted by their clients to handle each legal matter with diligence and compassion. For more information, contact our New Jersey estate planning law firm at (973) 256-0456.
