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POWER OF ATTORNEY
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With high school graduations approaching and graduates’ plans taking shape, many parents feel like they’ re losing control of their child’ s life. In legal terms, this is actually true! Once children turn 18, they are legally considered adults with the right to govern their own lives.
Before your children reach 18, you have full access to their medical records and can make decisions regarding their treatment. Similarly, their financial affairs are essentially your financial affairs. However, everything changes when they reach adulthood. Your now-adult children are legally entitled to privacy, and you no longer have the same level of access to or authority over their financial, educational, and medical information.
While this transition is natural, it’ s essential to plan for unexpected situations, especially as your child heads off on a new adventure. Here are the critical legal documents every parent should discuss with their new adult:
1. Durable Health Care Power of Attorney
Under the Health Insurance Portability and Accountability Act( HIPAA), once children turn 18, health records become private between them and their health care providers. These privacy laws prevent you from receiving medical updates if your child does not communicate wishes to involve you. Without a HIPAA release, you may face significant obstacles before receiving critical information, including whether your adult child has even been admitted to a hospital.
If your child experiences a medical emergency and is unable to communicate, health care professionals may legally refuse to share information with you or allow you to make medical decisions on your child’ s behalf. Without proper documentation, you might need to petition a court to be appointed as your child’ s legal guardian— adding legal complications during an already stressful time.
A Durable Health Care Power of Attorney enables your child to designate you or another trusted person to make medical decisions if they become unable to express their wishes. Many institutions now offer digital options for storing these documents, making them more readily accessible in emergencies.
2. Durable Financial Power of Attorney Like medical information, your 18-year-old’ s finances are also legally private. If your child becomes incapacitated without a Durable
Financial Power of Attorney in place, you cannot access their bank accounts or manage their financial affairs. This could lead to missed bill payments, scholarship deadlines, or other financial complications.
Even absent a crisis, a financial power of attorney can be helpful for situations that arise when your child is away at college or traveling. For example, if your son is studying abroad and cannot access his accounts, a Durable Financial Power of Attorney could authorize you or another designated person to handle the issue.
Some parents consider joint bank accounts as an alternative, but this approach often creates unintended consequences regarding taxes, financial aid eligibility, and potential creditor issues. Most financial advisors now recommend a power of attorney as a cleaner solution that maintains appropriate boundaries.
Digital Assets Access
In today’ s digital world, modern powers of attorney should contain digital asset provisions that can include language granting access to email accounts, social media, cryptocurrency, and other digital assets— which can be crucial in certain situations.
Getting Started
Remember, these conversations aren’ t about maintaining control— they’ re about ensuring that your child’ s wishes can be honored and their needs met in case of emergency.
If you have a child who has turned 18, you can contact Zacharia Brown & Bratkovich at 724.942.6200 to schedule an appointment for your young adult to execute these crucial documents. There are POAs specifically designed for high school grads, making the process more accessible than ever.
This Industry Insight was written by Justin Ellis. Justin is an Associate Colleen Attorney Bratkovich Zacharia is a partner Brown of and the counsels Estate Planning clients in and estate Elder and asset Law firm protection, Zacharia planning Brown, PC Medicaid. The firm eligibility focuses for its long term care practice, Veterans on estate’ benefits planning eligibility including, and wills estate, trusts administration, powers. He also of represents attorney, and clients living in wills Orphans; Medicaid’ Court eligibility litigation;, Veterans including guardianship Benefits proceedings planning; and for Estate incapacitated Administration adults. Office. Justin locations regularly in represents PA include hospitals Murrysville and nursing, McMurray homes, Wexford to secure and medical McKeesport and. financial Florida decision Offices makers in Bonita for patients Springs, in Lakewood need of such Ranch individuals and. Pittsburgh-area Hillsboro Beach office. locations include McMurray, Murrysville, McKeesport Contact and information Wexford.– Phone: 412.751.5670. Contact Website information: www. ZacBrownLaw – Phone: 724.942.6200. com. Website E-mail: zacbrownlaw: Colleen @ zacbrownlaw. com. com. E-mail: jellis @ zacbrownlaw. com
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