As parents, it is our responsibility to protect and provide for our teens as they navigate high school and beyond. We need to remember that once they turn 18 though, their legal status changes. At that point our ability to make decisions on their behalf changes too. That’s why it is crucial for parents to be proactive and prepare. From power of attorney, to establishing a healthcare proxy, this blog post walks you through some legal documents for your soon to be adult child
What You May Need in a Medical Emergency
For parents, it is easy to think that nothing will go wrong. In the event of a medical emergency however, parents may need to step in to advocate on behalf of their child. This section covers several medical legal documents to consider.
The first document is the easiest form to take care of. Your teen should sign a HIPPA release. In Michigan, many healthcare providers require this after a teen turns 17. The form permits healthcare providers to disclose healthcare information to anyone specified, including a parent. In a HIPAA authorization, young adults can stipulate that they don’t want to disclose information about sex, drugs, mental health, or other details that they prefer to keep private.
A second healthcare specific document is a healthcare proxy. This document grants parents the authority to make medical decisions. It might include decisions about treatment options and surgeries. By signing a healthcare proxy, your teen is appointing you, the parent, to act on their behalf making medical decisions in case they cannot make those decisions.
A healthcare proxy may include a Living Will or advance healthcare directive too. This document outlines your teen’s wishes regarding medical treatment with regards to end-of-life decisions. In the event that your child becomes incapacitated, having a living will can relieve family members from the burden of making difficult choices. It allows teens to have a say in their medical care, even when they are unable to express their wishes.
Now that the basics for health-related documents have been covered, let’s discuss a few other documents parents may want to consider.
Legal Documents to Consider
Once your teen heads to college, or simply moves away, there may be times when further parental guidance is necessary. Help paying medical bills, college tuition or assistance with other legal decisions may be necessary. Here are a couple other legal documents to be discussed with your teen when they are ready for the move:
- Durable Power or Attorney: This grants parents the authority to make financial and legal decisions. It also enables parents to sign tax returns, access bank accounts, pay bills, make changes to a financial aid package, or figure out tuition problems. Many colleges already allow students to set up a parent portal too, specifying what a parent can and cannot see.
- Basic Estate Plan: By creating an estate plan, parents are ensuring that their child’s assets and finances are protected. The estate plan includes designating a guardian who will care for them and manage their inheritances responsibly in the event that they cannot.
- Basic Will and Testament: Although teens are unlikely to have significant assets, setting up a basic Will still may be a good idea. If a Will is not in place, state law will dictate distribution of assets. The Will can also be altered as assets grow instead of needing to take time to set one up later!
Understanding Legal Documents for Parents
By taking the time to understand and prepare necessary legal documents, parents will rest assured that their child’s future is secure. Ideally, parents and their soon to be adults should prepare these documents before an 18th birthday. It takes time to get everything in order, including notarization. Once your teen takes off, it becomes more difficult to get their time and attention for legal matters. As parents, we hope we won’t need these forms, but it’s always best to be prepared.
If you have questions about any of these documents, or want to get started in protecting your teen, please contact me to set up a meeting.