Essential Incapacity Documents for Your 18-year-old Child
Ensuring Peace of Mind and Legal Preparedness
When your child turns 18, they are legally considered an adult. This milestone often coincides with another significant life event: going off to college. As they embark on this new chapter, it is crucial to ensure that they have the necessary legal documents in place to manage any unforeseen circumstances. Understanding and preparing these incapacity documents can provide both you and your child with peace of mind.
Why Incapacity Documents Are Crucial
Once your child turns 18, you no longer have the automatic legal authority to make decisions on their behalf. This change can be particularly challenging if your child becomes incapacitated due to illness or injury. Having the appropriate legal documents in place ensures that you can act in their best interests without legal complications or delays.
Key Incapacity Documents
- Healthcare Power of Attorney: A Healthcare Power of Attorney allows your child to designate an individual to make medical decisions on their behalf if they are unable to do so. This document ensures that someone they trust can oversee their medical care and make informed decisions in emergency situations.
- HIPAA Authorization: The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of an individual’s medical records. With a HIPAA Authorization, your child can grant you access to their medical information. This document is essential for staying informed about your child's health status and involved in their medical care.
- Durable Power of Attorney: A Durable Power of Attorney designates a trusted individual to manage your child's financial affairs if they become incapacitated. This document enables you to handle tasks such as paying bills, managing bank accounts, and handling other financial matters on their behalf.
- Living Will: A Living Will allows your child to outline their preferences for medical treatment in situations where they may be unable to communicate their wishes. This document provides guidance to healthcare providers and loved ones about the types of medical interventions they would or would not want.
- FERPA Release: The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student education records. A FERPA Release allows your child to grant you access to their educational information. This document is particularly important for parents who need to stay informed about their child's academic progress and intervene if necessary.
Steps to Prepare Incapacity Documents
1. Discuss the Importance of Legal Preparedness
Start by having an open and honest conversation with your child about the importance of these legal documents. Explain how they protect their interests and ensure that someone they trust is making decisions on their behalf if needed.
2. Consult with an Attorney
It is advisable to consult with an attorney who specializes in estate planning or family law. They can provide guidance on the specific documents required and ensure that they are properly drafted and executed.
3. Execute the Documents
Once the documents are prepared, ensure they are signed, witnessed, and notarized as required by your state's laws. Keep copies of these documents in a safe but accessible place, and provide copies to relevant parties such as healthcare providers and educational institutions.
4. Review and Update Regularly
It is essential to review and update these documents periodically, especially if there are changes in your child's life, such as new medical conditions, changes in financial circumstances, or updates in their preferences for medical care.
Conclusion
Ensuring that your child has the necessary incapacity documents in place as they turn 18 and head off to college is a critical step in safeguarding their well-being. These documents empower you to act in their best interests during emergencies and provide a sense of security for both you and your child. Taking the time to prepare these documents now can prevent legal complications and ensure that you are ready to support your child through life's unexpected challenges.
