Anonymous wrote:Someone told me today that I need to get a Power of Attorney for my kid who is going to college this fall. The scenario raised was that if DS was somehow incapacitated a hospital would not be able to talk with me (his parent) about his care as he is over 18. I'm sure there are many lawyers on this board (as well as college parents of course) - thoughts?

Thanks.

Can someone give me the simple steps of what I need to do and which forms I should get? Print them out, then what? Thank you

NP here. Thank you to all of the PPs with helpful information about this. I have some questions about using a healthcare power of attorney document for my child. If my child signs this and appoints me, her mom, as her representative, can I call any medical facility where she has been treated, whether it was an emergency or otherwise, and ask for her medical records, or is the document only "active" if DD is not able to make decisions on her own, like she is in a coma?

Also, if there is an emergency situation, how does this work in practice if I am across the country and she is unconscious? How would the hospital even know to call me in the first place? And if they do figure out to call me, would I email/text them a copy of the power of attorney document and that gives them permission to explain to me what is going on medically?

Thanks for helping me to understand this all.

Anonymous wrote:Coming in to this a bit late. We are in VA and son is going to college out of state. So we just need Health POA form signed and notarized - one for VA and one for the college state - is that right? And we just keep those forms with us?

Yes

Coming in to this a bit late. We are in VA and son is going to college out of state. So we just need Health POA form signed and notarized - one for VA and one for the college state - is that right? And we just keep those forms with us?

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.

And last year at least 2 kids at WM and one kid at my other child’s SLAC died. The fact millions of kids are fine doesn’t negate the fact that a smal subset have life threatening emergencies. And sadly, in a psych emergency or with substance abuse or EDs (which often develop in the college age group), part of an illness can be refusing care. Declaring incompetence at that point is tough and involves a Court hearing.

Something else to consider. You don’t know how you or your spouse will react until you get a midnight call. If you disagree on how to proceed, then what?

Your kid needs to choose one primary decision maker. And that decision maker should talk to their child and know their child’s wishes. And that is true for EVERY ADULT not jst college kids.

The graduations and heading to college shopping are fun. But there are also serious parts to launching a young adult. This is one. Parent up and do it. Scan a copy into your phone. Then lock the original away and pray you never need it. During your child’s 4 years, some parents at his or her college absolutely will.

Pp is absolutely correct. I’m sick of the posters crying anti-helicopter so they can be lazy parents.

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.

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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/

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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.

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 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 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.

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 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 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.