Imagine receiving a phone call that your child is in the hospital thousands of miles away, and the doctors and nurses refuse to provide you with medical information about his or her condition. This is a very real situation that occurs when medical directives are not in place for adult children. Eighteen-year-olds are adults under the eyes of the law. Your son or daughter can vote, get married, make a will, sign a contract, open a bank account and get medical treatment – all without your approval. More importantly, this means that you no longer have the right to speak with your child’s doctors, make medical decisions, pay his/her bills, or access medical records without consent.
This is an ideal time to have a conversation with your child about the responsibilities of becoming an adult, and how to put plans in place to take over if they are unable to make decisions. In case of a medical emergency, the following documents will ensure that your son’s or daughter’s wishes will be carried out by the agent(s) he or she appoints.
Power of Attorney for Heath Care. This is also called a Medical Power of Attorney and Health Care Proxy. This document can be effective immediately or when one becomes incapacitated, thereby granting the appointed agent the right to obtain medical information and to make medical decisions. Without this power of attorney in place, if your college student ends up in the ER, the hospital may refuse to provide you information about your child.