Many parents are surprised to learn that once their child reaches the age of majority – eighteen in most states – the parent is no longer automatically considered to be the child’s legal representative for health care or banking purposes. Confidentiality laws intended to protect an adult’s privacy apply to your eighteen-year-old child. These laws can prevent your child’s doctor from telling you about your child’s condition, even in a medical emergency. Similar rules apply to bank account access and information.
To address this issue, it is critically important for children to execute both a Health Care Proxy and Durable Power of Attorney once they reach age 18. A Health Care Proxy allows for the appointment of a person chosen by your child to make medical decisions on his or her behalf. A Durable Power of Attorney allows for nomination of a trusted individual to handle financial matters for the child, including depositing checks, paying bills and managing bank accounts, when he or she is unable. Without these important incapacity documents in place, court intervention could be necessary to make the kinds of decisions and take the sort of actions for your (young) adult children that you have always undertaken.
Having your child sign a power of attorney and health care proxy can alleviate at least some part of the anxiety associated with college students’ return to classes in the midst of the COVID-19 pandemic. Whether on campus or not, your child will be able to continue to rely on you to take care of his or her medical concerns and make crucial decisions about treatment. If your child is able to attend classes on campus, safety precautions may require him or her to stay dorm-bound for a quarantine period. With a power of attorney that nominates parents, your child can be assured that Mom and Dad are taking care of business.
The preparation and drafting of these two basic documents does not typically require extensive legal work. Our firm is currently offering competitive flat-rate pricing for estate planning matters. If you have questions about how you and your children can be best prepared college, whether that entails staying home or going off to school, please contact the Trusts and Estates Group at Prince Lobel to schedule a consultation.
The authors of the alert are Trusts & Estate practice group leader Jennifer Fleming and Thomas O’Neill. They are available to answer any questions your may have.