It is officially back-to-school season, and soon you will be sending your high school senior on their way to college. In this midst of all the dorm room essential shopping, many forget that their “baby” is technically no longer a child in the eyes of law. Once your child turns eighteen, they are legally an adult. This means you do not have the same authorization or access to their financial or healthcare records as you did before. Many clients come to us seeking our help in preparing basic healthcare and financial estate planning documents, such as Advance Health Care Directives, Durable Powers of Attorney, and HIPAA releases.

An Advance Health Care Directive comes into effect for any health-related decisions. If your child has gotten into some sort of accident and cannot make health decisions for himself for herself, this document comes into effect. A treating physician might cooperate with you and allow you to have some sort of say in a medical procedure for your child, but they are not legally obligated to. By designating you and your spouse as your child’s agents, you will have the legal authority to take action on life-sustaining procedures and provide informed consent for medical procedures. It might seem a bit morbid to consider such things at a time when you are focused on your child’s future, but it is always best to be prepared, especially if they will be moving away from home.

A HIPAA release is also known as an Authorization for Disclosure of Protected Health Information. Federal law mandates the privacy and protection of an individual’s medical records. Your child is now an adult, therefore you do not have the same access to their medical records as you might have before. By having this document executed, upon your child’s incapacity, you will be able to disclose and obtain medical records to a treating physician.

A Durable Power of Attorney document will allow you to act on your child’s behalf, again on incapacity, for all financial, tax, legal, investment, and insurance matters. This would allow you to pay bills on behalf of your child if they are unable to do so.

Estate planning is always about being proactive. Consider these estate planning documents as one of your child’s graduation gifts, and have a piece of mind. Call our office today to schedule a complimentary consultation and get started!818.956.9200

Glendale Location

616 E. Glenoaks Boulevard, Suite 203

Glendale, CA 91207

Sherman Oaks Location

15303 Ventura Boulevard, Suite 900

Sherman Oaks, CA 91403