As you may have noticed, college and the upcoming fall semester is a popular item in the news these days. Unfortunately, it’s mostly not for good reasons. As parents, it’s typical for us to worry about our children running into a medical emergency while away at school. Nowadays, that concern has been sharply heightened by COVID-19.
Parents should be aware that it’s a very big deal, in a legal sense, when your children reach age 18. The State of Connecticut now considers them to be full-blown adults, which means they manage their own health care. Gone are the days when the pediatrician turns to you for all of the big decisions. Also, in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) you can no longer gain access to your child’s medical information unless she authorizes it. That was a particular headache for my wife and I when our eldest turned 18!
Therefore, it’s generally advisable for children who have turned 18 to sign a legal document called a “Health Care Instructions” document. This is also referred to as a “Health Care Proxy” or “Medical Power of Attorney”. This document legally authorizes you to make medical decisions for your child if she becomes incapacitated. Ideally, the document will also have language which gives you access to your child’s medical information so that you can avoid the HIPAA headache.
Your pediatrician’s office may or may not offer these documents, although your child’s signature should be witnessed and notarized (something the pediatrician’s office most likely won’t do!). As an attorney, when I have clients who are parents with college-age children I usually do their child’s health care document (and a durable power of attorney to cover financial affairs) for a minimal fee.
As the kids head off to college (at least most of them) there is plenty to worry about this fall. Having a health care document in place for your child will give you one less thing to worry about.
DISCLAIMER: This blog does not offer legal advice, nor does it create an attorney-client relationship. If you need legal advice, consult with a lawyer instead of a blog.
