The “kids” are back in school. Some are going away to college. Lost among scheduling classes, building lofts and moving furniture, are some important questions many parents forgot to ask: Has your son or daughter signed a Health Care Power of Attorney? Has he or she signed a medical information release (sometimes called a HIPAA Authorization)?
You may still consider your son or daughter a “child”. But under the law, once he or she turns 18, the medical community treats your child as an adult. What happens when a medical emergency arises and your son or daughter can’t make his or her own decisions? Without a valid Health Care Power of Attorney appointing you as the health care agent, you can’t make decisions for him or her without going to Probate Court and becoming your child’s “legal guardian”. And under the HIPAA law, the hospital is prohibited from even discussing the care and treatment of your child with you or anyone else. Even in a non-emergency situation, the release allows you to take care of routine matters, like checking on your son’s or daughter’s health insurance claims.
I’m not trying to make you panic – I want to encourage you to take the time to put these important documents in place for your children, grandchildren, or other loved ones in this situation.
Comments