Turning 18 is a significant milestone. It marks the transition into adulthood and brings about new freedoms and responsibilities, not just for the young adult but also for their parents.
One of the less discussed, yet critically important changes involves how parents can interact with healthcare providers regarding their now-adult child. This is where understanding HIPAA (the Health Insurance Portability and Accountability Act) becomes crucial, as well as recognizing the need for certain legal documents.
What is HIPAA?
HIPAA is a federal law that was enacted to ensure the privacy and security of an individual’s health information. Under HIPAA, once a child turns 18, they gain full control over their health information. This means healthcare providers are prohibited from sharing medical details with anyone, including parents, without explicit consent from the patient.
The Challenge for Parents
For parents, this can be a startling transition. Imagine your 18-year-old child is away at college and becomes seriously ill or injured. You call the hospital only to find that the medical staff cannot share any information with you. Without the proper legal permissions, you are left in the dark, unable to help make medical decisions or even stay informed about your child’s condition.
Essential Documents for Continued Advocacy
To ensure you can still support and advocate for your child after they turn 18, it’s important to have the right documents in place. These include:
Health Care Directive
This document allows your child to appoint you or another trusted adult to make medical decisions on their behalf if they are unable to do so themselves. It also details their specific preferences for healthcare treatment.
HIPAA Authorization Form
This form grants permission for healthcare providers to discuss your child’s health information with you. It can be customized to share all or specific parts of the medical records, depending on your child’s preferences.
Durable Power of Attorney
While this document is more comprehensive, it allows your child to designate someone to handle financial and legal matters if they are not able to manage them on their own.
Why These Documents Matter
Having these documents in place is not just about maintaining parental control; it’s about ensuring that your young adult’s health and well-being are protected during times when they might be vulnerable. It also ensures that as parents, you can assist in managing health crises effectively, despite the legal adulthood of your child.
As your child steps into adulthood, it’s important to discuss these issues and the value of having such legal documents prepared. Turning 18 brings new challenges and responsibilities, and being prepared can make all the difference. Consider consulting with an estate planning attorney to ensure that you and your young adult are properly protected under the law.
