Power of Attorney for rising college freshman?

Anonymous
Anonymous wrote:Can I use PoA to get access to my child's records and grades that the university won't give me?


If you're paying for school you tell your child you get to see grades or you don't pay. No form needed.
Anonymous
Anonymous wrote:Oh come on.


People like you are immature idiots.
Anonymous
Anonymous wrote:
Anonymous wrote:All the posts that are commenting how unlikely it is to need such forms are focused on the more acute emergencies.

Here is a different take. My 18 year old college freshman was diagnosed during his first semester with a condition that is chronic and that affected his daily life due to the symptoms, risks and medications involved. There was no sign of this happening prior. It was sudden and while not life threatening, needed immediate attention. He attens college over 1,500 miles away and as a STEM major was incredibly busy with classes and deadlines.

Having a Medical POA already in hand allowed us to assist him with follow-up about lab testing, setting up prescription services and advocating for help when he developed a serious side effect from the medications. Could he do all of that on his own while miles away, not sure of where the best medical professionals are and not feeling well all while working his ass off to not fail a class? Sure. But during a difficult time in our son's life we are thankful we had the foresight to set up the paperwork to step in and help him long distance when he needed (and asked for) it.


I understand but it sounds like you just swooped in and took care of everything. Sounds like you didn’t give him a chance to try to do things on his own and reach out to you for help if he couldn’t manage.


Reading comprehension much PP?
The above poster said that her son asked for their help and they provided support long distance which probably meant phone calls. I don't know about you but if my college freshman asks for my help I would like to be in a position to do so.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:They are insane. Next of kin gets talked to if the patient is incapacitated. Unless your kid got married without telling you, that's you


No they don't. HIPPA laws and privacy. You won't be consulted for treatment for an adult without the POA.


Not if a patient is incapacitated (OP's scenerio)

"In cases where the individual is incapacitated, a covered entity may share the individual’s information with the family member or other person if the covered entity determines, based on professional judgment, that the disclosure is in the best interest of the individual."

https://www.hhs.gov/hipaa/for-professionals/faq/2069/under-hipaa-when-can-a-family-member/index.html


Why would a family leave this decision to an unknown future doctor when they could have the legal authority all buttoned up and ready to go?


Because nearest relatives making decisions is standard when a patient is unable to make decisions for themselves. Do you have a POA for your spouse? Do your kids have POAs for you and your spouse in case you're both in a car accident?

Yes. All military spouses are required to before deployments.
Anonymous
Anonymous wrote:Can I use PoA to get access to my child's records and grades that the university won't give me?


No, that's different. POA is for health decisions. You can get ferpa for academic records. We did not do that. That's her business. DD tells us about all that stuff anyway.

We did do POA in case a Dr needs to discuss something with us. DD wanted that. And, it's common sense that you don't want barriers to helping your kid if needed. I'm surprised people are equating POA with invasive or helicopter parenting.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:They are insane. Next of kin gets talked to if the patient is incapacitated. Unless your kid got married without telling you, that's you


No they don't. HIPPA laws and privacy. You won't be consulted for treatment for an adult without the POA.


Not if a patient is incapacitated (OP's scenerio)

"In cases where the individual is incapacitated, a covered entity may share the individual’s information with the family member or other person if the covered entity determines, based on professional judgment, that the disclosure is in the best interest of the individual."

https://www.hhs.gov/hipaa/for-professionals/faq/2069/under-hipaa-when-can-a-family-member/index.html


Why would a family leave this decision to an unknown future doctor when they could have the legal authority all buttoned up and ready to go?


Because nearest relatives making decisions is standard when a patient is unable to make decisions for themselves. Do you have a POA for your spouse? Do your kids have POAs for you and your spouse in case you're both in a car accident?


Yes, my DD signed one after she turned 18. I have a healthcare POA (called a Healthcare Proxy in my state) for my spouse and vice versa. I served as healthcare POA for my mom and husband. I have had to make life or death decisions for both of them and I'm glad I could assist them in reaching a good outcome - i.e. not dead. I will name my DD as secondary PUA after my husband. It can be revoked at any time and does not give you permission to randomly nose in on someone's private healthcare information - it is invoked only in an emergency when patients are unable to make decisions.
Anonymous
Anonymous wrote:They are insane. Next of kin gets talked to if the patient is incapacitated. Unless your kid got married without telling you, that's you


You're wrong. Do not assume that a parent "gets talked to" as next of kin if a student who is an adult -- in other words, 18+, so pretty much ALL college students--is incapacitated. Sure, a doctor might choose to tell a parent what's going on but without a medical POA, you're at the mercy of what doctors choose to do.

And if you want to make medical choices for your incapacitated adult child, like what treatments to pursue, or whether (to be blunt) to pull the plug? You will need that signed, notarized POA for sure.

We were advised by two different attorneys to get medical and legal POAs for our college student and I'll take their advice over yours.
Anonymous
Seriously, parents these days have lost their minds. Millions upon millions upon millions of 18 year olds are going off to college without a hitch.
Anonymous
Anonymous wrote:Seriously, parents these days have lost their minds. Millions upon millions upon millions of 18 year olds are going off to college without a hitch.

HIPPA laws didn’t create the same need in the 80-90s. It’s not a matter of parents now being overprotective.
Anonymous
Anonymous wrote:
Anonymous wrote:Seriously, parents these days have lost their minds. Millions upon millions upon millions of 18 year olds are going off to college without a hitch.

HIPPA laws didn’t create the same need in the 80-90s. It’s not a matter of parents now being overprotective.


This
Anonymous
I'm not sure why so many are sure that the Healthcare POA or proxy is overkill. My child's college requests that incoming students designate a Healthcare proxy as a matter of course, that they submit the form to college and that both the student and the proxy keep a copy of the form. Surely the college elected to do this because experience tells them that this is a good idea.
You can find a free, safe Healthcare Proxy, POA or advanced directive (which does more than just designate a proxy) from the State Health Dept of any state. For example, the Maryland Dept. of Health https://health.maryland.gov/yourrights/docs/advdirform.pdf
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Seriously, parents these days have lost their minds. Millions upon millions upon millions of 18 year olds are going off to college without a hitch.

HIPPA laws didn’t create the same need in the 80-90s. It’s not a matter of parents now being overprotective.


This


HIPPA has been the law since 1996. Nearly 30 years. You’re over reacting.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Seriously, parents these days have lost their minds. Millions upon millions upon millions of 18 year olds are going off to college without a hitch.

HIPPA laws didn’t create the same need in the 80-90s. It’s not a matter of parents now being overprotective.


This


HIPPA has been the law since 1996. Nearly 30 years. You’re over reacting.


You do realize that the interpretation and enforcement of laws changes over time?

HIPAA privacy rules weren’t finalized until 2003, and there was almost no enforcement until 2010, when multimillion dollar fines and possible criminal penalties for violations were implemented. Audits and enforcement were further stepped up in 2016.

This is something that doctors have become increasingly serious about over time. It’s very possible that nothing will happen to my kid and I won’t need it. I hope that’s the case. But printing out and signing a document seems to be an easy way to avoid having to scramble around to prove that I’m next of kin in the immediate aftermath of the unthinkable.

https://www.hipaajournal.com/hipaa-history/
Anonymous
Attorney here. And yes. DH and I have Healthcare POAs. So do my kids once they reach 18. And yes, I have had very unfun conversations with both of them about their wishes for live support, etc. In an emergency, it should be very clear with no room for debate who gets info and makes decisions.

Responsible adulting includes healthcare POAs. So parent up and do it. And use the opportunity to determine what your child’s actual wishes are.

One or home state. One for college state. You don’t need an attorney. You should be able to download the state specific form.
Anonymous
Pp is absolutely correct. I’m sick of the posters crying anti-helicopter so they can be lazy parents.
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