"Mama Bear" Legal Forms

[Anonymous]

Through the DC Public Library, you can get form templates for DC.

However, I believe you also need the same forms for the state you child is attending school

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:We used Mama Bear for each kid (but didn't pay full price, there are coupons available).

For those shunning the idea, I hope it's never your kid unconscious in the hospital, and you are across the country.

What does being across the country have to do with anything.

You are still next of kin and they will talk to you without a stupid form

The helicoptering and anxiety is out of control

At my Dc’s college, there were parents who had children with medical emergencies, and the hospital would not share information until the parents provided the appropriate forms. It a real thing.

This doesn't make sense. Either their kid was with it enough and could either tell the doctor to give their parents info or not OR the kid was not able to make their own decisions, in which case they would have gone to the parents even without the POA forms. A POA does not automatically get into. The patient still has to give permission.

That’s why you need *both* a HIPAA waiver and a POA. Some people may have been allowed to make decisions without POA forms, but that is not always the case.

[Anonymous]

Anonymous wrote:I've posted on other posts but I've seen this info given out incorrectly again. Having POA does not mean you automatically get into about your kid. ONLY if your kid is unable to make their own decisions and the POA gets activated do you get info without your kids permission. If your kid breaks his arm and you call the hospital for info, he can say "please don't tell my parents anything" and they have to follow that. Throwing around that you are his proxy means nothing if he's alert and oriented and doesn't want you to get into.

Now, he can fill out a form at the college so you have access to his info there but again, he can at any point say "I don't want my parents to know about this'.

It just seems like a common misconception that an inactivate POA is able to get the same info as an activated one.

A POA is not the same thing as a HIPAA waiver. You need both.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Mama Bear is a brand.
Started by a mom (attorney I think?) who saw a void in the market to fill…and that is: providing and compiling legal for families to fill out with their adult college students as a “just in case” measure so that if your 18-22 year old kid (who is legally an adult but emotionally not all that adult-ish) gets into a medical emergency situation, you (as parent) can step in to handle and/or support. As prior posters explained, they are basically POA forms and such—but it allows you to speak to their doctors and/or get information as needed if they are medically incapacitated.

You may never need this at all.
But many people falsely assume that if their kid gets into some situation where they need medical attention, they will easily be able ti get i formation and step in to help. But without POA, that info is protected and HIPAA will prevent medical professionals from sharing that information about your adult child.

Parents, please heed the bold above. It's so simple just to get a legal POA and also a medical POA. Do not assume that "I'm a parent, this is my kid, of course I'll have a say if kid is in the hospital...." No you won't necessarily have any say at all. Eighteen is considered an adult -- even if your child is on your health insurance plan. Do not assume that just because your kid of 18+ is covered by mom or dad's insurance, that means mom or dad will simply be given medical information or the right to make decisions for an incapacitated college student. A sympathetic doctor might confer with you, but does not have to do so--unless you have the right medical documents in place. Sure, you likely won't ever need to think about all this. But if your family becmes the rare exception, do you really want to realize too late that you needed one of these docs?

Never heard of Mama Bear. Fine if they make things easier. Many local lawyers can draw up these docs for very little money, too.

Neither of you above have clue about HIPPA. Please do a simple Google search and educate yourself:

https://www.hhs.gov/hipaa/for-individuals/faq/index.html

https://www.hhs.gov/hipaa/for-individuals/faq/524/if-i-am-unconscious-can-my-health-care-provider-still-share-my-health-information-with-family/index.html

The links you provided confirms that pp is correct — sharing information with a parent is entirely discretionary to the Doctor and on a “need to know basis.” Do you really want to take the gamble that the hospital is going to decide that it’s in your kid’s best interest to talk to you and that you “need to know?” Or would you rather have documents that clarify your authority?

I have a POA & HIPAA waiver for my spouse; why wouldn’t I have them for my kid?

From your second link:

If you are not around or cannot give permission, your health care provider may share or discuss your health information with family, friends, or others involved in your care or payment for your care if he or she believes, in his or her professional judgment, that it is in your best interest. When someone other than a friend or family member is asking about you, your health care provider must be reasonably sure that you asked the person to be involved in your care or payment for your care. Your health care provider may share your information face to face, over the phone, or in writing, but may only share the information that the family member, friend, or other person needs to know about your care or payment for your care.

[Anonymous]

Anonymous wrote:You can find all the same forms for FREE online.

Medical POA can be found on the state attorney general office's website. HIPAA forms at the university health center site, etc.

Once again — this is not true in every state and not every university. I’m a lawyer and I looked. I found the state statute that lists the requirements and I found random forms generated by other colleges that didn’t appear to comport with the statute. The Mama Bear forms were better than anything I could find on line for “free,” and the fee was a fraction what I would bill to draft the thing myself, so it was an easy decision. Would the random forms have been “good enough?” Maybe. But why take a chance?

[Anonymous]

For Maryland you find the same forms for free on the Mdcourts.gov website. Power of Attorney, Advance Directive for Health. They are not weird forms found somewhere on google, they are from the official Maryland government website. But some parents might need forms from different states and don’t want to spend time searching for the forms. Parents with kids going to college are in an emotional state of mind, they hear somebody talking about Mama Bear forms, nobody wants to make mistakes, etc.

[Anonymous]

If your kid is going away to out of state college do you have to create legal forms for that state?

[Anonymous]

Anonymous wrote:Mama Bear is a brand.
Started by a mom (attorney I think?) who saw a void in the market to fill…and that is: providing and compiling legal for families to fill out with their adult college students as a “just in case” measure so that if your 18-22 year old kid (who is legally an adult but emotionally not all that adult-ish) gets into a medical emergency situation, you (as parent) can step in to handle and/or support. As prior posters explained, they are basically POA forms and such—but it allows you to speak to their doctors and/or get information as needed if they are medically incapacitated.

You may never need this at all.
But many people falsely assume that if their kid gets into some situation where they need medical attention, they will easily be able ti get i formation and step in to help. But without POA, that info is protected and HIPAA will prevent medical professionals from sharing that information about your adult child.

This. Happened to us. Got Mama Bear in case it ever happens again.

[Anonymous]

Anonymous wrote:If your kid is going away to out of state college do you have to create legal forms for that state?

Yes.

[Anonymous]

Anonymous wrote:

Anonymous wrote:We used Mama Bear for each kid (but didn't pay full price, there are coupons available).

For those shunning the idea, I hope it's never your kid unconscious in the hospital, and you are across the country.

What does being across the country have to do with anything.

You are still next of kin and they will talk to you without a stupid form

The helicoptering and anxiety is out of control

This. I am a physician and did not get POA or HIPAA waiver for either of my adult children. Doctors make the medically appropriate decision if the patient cannot consent to treatment in an emergency. IF my spouse were unconscious in a hospital they would provide the correct medical care/surgery/etc to them and eventually find me as next of kin and update me. That is how health care works in emergent situations when the patient cannot give consent. I trust the system to work for my kids as well.
When my kids have been in semi-urgent medical situations, guess what they have involved me and asked what to do, IF they did not already know what to do to get assessed by the health care system on campus.

[Anonymous]

For those who did the POA, Hippa, FERPA forms without Mama Bear (or a 3rd part spp)

How did you chose to store the presumably scanned documents?

I wasn’t going to use MB (because yes the forms are a cinch to google) but having the app store them appeals.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:We used Mama Bear for each kid (but didn't pay full price, there are coupons available).

For those shunning the idea, I hope it's never your kid unconscious in the hospital, and you are across the country.

What does being across the country have to do with anything.

You are still next of kin and they will talk to you without a stupid form

The helicoptering and anxiety is out of control

This. I am a physician and did not get POA or HIPAA waiver for either of my adult children. Doctors make the medically appropriate decision if the patient cannot consent to treatment in an emergency. IF my spouse were unconscious in a hospital they would provide the correct medical care/surgery/etc to them and eventually find me as next of kin and update me. That is how health care works in emergent situations when the patient cannot give consent. I trust the system to work for my kids as well.
When my kids have been in semi-urgent medical situations, guess what they have involved me and asked what to do, IF they did not already know what to do to get assessed by the health care system on campus.

I’m a physician too and i feel the reverse-ideally it works how you describe but I have seen it not work out that way at all.

[Anonymous]

I did the MB forms for my D23 who was going to college 18 hours away. After additional research, realized that it was probably unnecessary. We agreed to keep them in place while he’s away at school and then revoke the POA upon graduation. The financial POA could be problematic for students who have parents who get themselves into financial difficulties & then “borrow” money from their kid’s accounts…this happens more often than people realize. I wish the kids signing these forms knew the future ramifications of them in case things go sideways with their families, just to protect themselves

[Anonymous]

Anonymous wrote:If your kid is going away to out of state college do you have to create legal forms for that state?

It depends. The state where my kid is going to school specifically says it recognizes POA forms that are valid in another state.

[Anonymous]

Anonymous wrote:I feel like this is something that gets misunderstood. A POA is simply a form that designates you as their proxy should they need someone to act in their favor. It isn't a blanket "I now have access to all your info". The POA gets activated if your kid is unable to consent themselves. If your kid goes to the hospital with a broken leg, you don't get to call the hospital and say "I'm their POA, tell me what's going on". Your kid still has to give permission to the facility to give out their info to you.

If the college has an online health portal your kid still needs to give their permission for you to access it, even if you have the POA paperwork filled out.

An important thing is to make sure that your child has the emergency contacts in their phone filled out. And that in their dorm at school there is a paper taped up with your names and numbers.

Yeah, but you get a medical power of attorney as well. This way you can get medical information if your kid is hospitalized. It’s very important.