Bercik Law Blog

HEALTH CARE PROXY – WHAT LEGAL DOCUMENTS DO 18-YEAR-OLD STUDENTS NEED?

HEALTH CARE PROXY – PARENTS OF COLLEGE STUDENTS: DO NOT AUTOMATICALLY HAVE AUTHORITY OVER ADULT CHILDREN.

Preparing for college means more than just packing clothes. Consider having them sign two legal documents essential for young college bound students; a HIPAA Release and a Health Care Proxy. The

HIPAA release, or Health Insurance Portability and Accountability Act form, will allow your child’s doctors to share information with you in the event she is hurt, sick at the student health center or needs to be hospitalized.

HEALTH CARE PROXY – Privacy Rules

“But she’s a little girl!” is not, unfortunately, the legal authority doctors need to override privacy rules.  It is irrelevant to health care providers that your child is a dependent on your tax returns or is on your insurance plan. That means once your young adult turns 18, without the legal authority to access your child’s records, a parent needs court approval.

HEALTH CARE PROXY – Who Makes Decisions

A Health Care Proxy is also an essential document. If your child is injured in an accident, it authorizes an agent someone to make medical decisions on their behalf if they are unable to do so.  For example, your child is in an accident and is rendered unconscious. Unless you are the authorized agent, you can’t make that decision for him.

Generally, the parent is the best person to put in charge of medical matters, but sometimes relationships are strained, and your child may want to appoint another trusted adult, perhaps an aunt or uncle, as the agent. It is also very important to name an alternate in case the first choice is unable to serve.

HEALTH CARE PROXY- Your Questions

Do you have more questions about Estate Planning?  Please call us at 732-483-6300.  We’ll be glad to answer your questions and you up with the proper health care proxy.

Leave a Comment

Call Now!