For any parent, sending a son or daughter off to college is a life-changing milestone event filled with pride, excitement, and often a little apprehension. If you just sent your child off to college, you likely devoted significant time and resources to preparing for the transition, including shopping for dorm necessities, registering for classes, and arranging travel. In the middle of all that planning, you may have overlooked one critical aspect of preparing your child for college – planning for incapacity. The Los Angeles attorneys at Schomer Law Group, APC explain why incapacity planning is important for your college student and why an advance directive and related legal documents should be part of your child’s estate plan.
The Legal Shift at Age 18
When a young adult turns eighteen in California, the law recognizes them as an adult who is capable of making their own decisions. At that point, parents lose the automatic authority they once had to access health information, consult with physicians, or make financial and academic choices on their child’s behalf. Even if parents remain financially responsible for their child, covering tuition or medical insurance, they no longer hold legal control over their child or his/her finances and medical treatment. Consequently, without the proper authorizations in place, a parent could be left powerless during a crisis. While you may prefer not to consider such a scenario, take a moment to consider what might happen if your college student is involved in an accident, develops a serious illness, or is left unconscious for any reason. Health care providers must comply with state and federal privacy laws, including HIPAA, which may prevent them from sharing vital details with you, even though you are the parent. In such a scenario, delays or denials could complicate your ability to step in and advocate for your child at precisely the time when you are most needed.
The Role of an Advance Directive and HIPAA Authorization
One of the most important legal documents that every college student should have is a Power of Attorney for Health Care, also referred to as a “Health Care Proxy” or “Medical Power of Attorney”. In California, a Power of Attorney for Health Care is an advance directive that allows your child to appoint someone they trust, such as a parent, to make healthcare decisions for them if they become incapacitated and are unable to make or communicate those decisions themself. This document ensures that decisions about treatment, procedures, or ongoing care can be made by someone who knows their values and preferences. Alongside an advance directive, a HIPAA authorization should be executed. This document grants doctors and hospitals permission to share medical information with individuals designated by your child. Without it, parents may not even be told whether their student has been admitted to an emergency room. With both a directive and a HIPAA authorization in place, families avoid unnecessary roadblocks during medical emergencies.
Should Your College Student Have a Living Will?
While your young adult college student is likely in good health, life can be unpredictable, and he or she could become incapacitated as a result of a serious accident or injury at any time. A Living Will allows your college student to express wishes about life-sustaining measures now in case they end up in a permanent vegetative state or suffer from an irreversible condition down the road. For instance, they may indicate whether they want to be kept alive through artificial respiration or feeding tubes. Although these conversations can feel difficult, having clear instructions spares families from making agonizing choices without guidance. It also reduces the potential for conflict among relatives who may have differing opinions in the absence of written directions.
Financial and Administrative Authority Through a Durable Power of Attorney
The final piece of your child’s incapacity planning puzzle should be a Durable Financial Power of Attorney because incapacity does not only impact medical decisions. It can also cause your child to be temporarily unable to make financial decisions. College students frequently have bank accounts, scholarship funds, student loans, and rental agreements that may require oversight if they cannot manage these responsibilities themselves. By creating a Durable Power of Attorney, your college student can authorize a trusted adult to handle financial and legal matters during periods when they are unable to do so because of incapacity. This authority can include paying bills, addressing tuition issues with the university, managing insurance claims, or even signing tax forms. The “durable” aspect is crucial, as it ensures the authorization remains valid if the student becomes incapacitated. Even if the young adult owns relatively few assets, the practical benefits of a Durable Power of Attorney are significant.
The documents necessary to protect your child are relatively simple and inexpensive to prepare, yet many families wait until a crisis strikes to consider them. To ensure that you and your child are protected, take the time now to consult with an experienced California estate planning attorney about preparing an advance directive and other incapacity planning documents for your college student.
Do You Have Questions About Creating an Advance Directive for Your College Student?
For more information, please join us for an upcoming FREE seminar. If you have additional questions or concerns about incapacity planning or creating an advance directive for your college student, contact the experienced Los Angeles estate planning attorneys at Schomer Law Group APC by calling (310) 337-7696 to schedule an appointment.
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