Before They Leave the Nest: Essential Protection for New Adults
It’s a huge parenting milestone watching your newly-legal adult head off to college or join the workforce. We know that there are usually a million moving parts to make the final push into adulthood successful, and we hate to add to that. But there is something we would recommend adding to the packing list before move-in day, or checking off the to-do list the first day of their first full-time job.
Once someone turns 18, federal and state privacy laws officially go into effect. Meaning, if an emergency happens, healthcare providers and financial institutions legally cannot share your child’s information with you without explicit, written authorization.
Imagine it’s two weeks before finals and your college freshman comes down with a bad case of the flu while they are 70 miles from home. They’re stressed, miserable, and don’t know what questions to ask the campus clinic, so they ask you to call for them. Unfortunately, when you call, you - the parent - will probably hear, “We’re sorry, we can neither confirm nor deny if we have a patient on file with that name, nor can we provide an update at this time.”
Or, imagine your 19-year-old has a full-time job and has to go to the doctor for a routine check-up. Their employer provides health insurance, so they’re no longer on yours. Unfortunately, they didn’t check whether or not their Primary Care Physician is in-network, and their claim was denied. They panic-text you asking if you can help sort things out. You call the doctor’s billing office, only to find you’re no longer authorized to help fix the situation.
In both of these stressful moments, your child wants the help - but the law won’t allow it without their explicit, written permission. Luckily, there is an easy fix that ensures you still get to support them when they need you.
With a HIPAA Authorization, you (as a parent) could access their medical information to get a better idea of what is actually going on in case of an emergency.
A Healthcare Power of Attorney would give you the authority to make decisions on their care on their behalf if they were incapacitated or unable to speak for themselves.
Finally, a Living Will - sometimes referred to as a healthcare directive - outlines their wishes in times of incapacity. Think of it as the instruction manual for the agent of the Power of Attorney.
For some young adults, it might also be worth considering a General Durable (Financial) Power of Attorney, so you can help manage their personal finances (banking, insurance, housing, etc.) if needed.
We understand, you (the parent) might get some pushback on this. Teenagers with newfound freedom might not want to sign these kinds of legal documents because they believe it takes away from their independence.
In reality, it’s about making sure they have the safety net in place for when life throws them a curveball. Independence doesn’t have to mean stepping into confusing situations alone.
For those with high school seniors, it’s not too early to begin thinking about steps your family can take to plan for their future.
If you have questions or are interested in seeing how HootOwl can help make sure everyone in your nest is protected, give us a call at 479-282-2879 or email hello@hootowllegal.com to get started.