Kids are in college and still on your healthcare but as parents, you have no say regarding medical directives...

Too few people take the steps necessary to protect their health, their assets and their loved ones. When it comes to medical decisions, people mistakenly think that such matters only apply to the elderly or to those with known health problems. As an estate planning attorney, I have yet to speak with a parent that has a medical directive, which is also known as a living will, in place for their college age child.

This could be a disastrous oversight for children. When a child is younger than eighteen years old, they are a child under the law and their parents are empowered to act on the child’s behalf. Once the child turns eighteen, they have become an adult under the law and are now empowered to make his or her own decision. Parents mistakenly believe that when their child goes to college they will still be able to make medical and other important decisions for them. Under a law referred to as HIPAA (the Health Insurance Portability and Accountability Act), a parent must get the consent of the child in order to make medical decisions for their child.

Unfortunately, there have been many instances whereby this situation has devastated families, but there is a recent example to which I would like to draw your attention. The recent case to which I am referring occurred in The Plains, Virginia. “Rae Stone says her son Forrest had just turned 18 and was still in high school when a snowboarding accident sent him to a hospital in critical condition. He was hooked up to a ventilator in the intensive care unit. They took, essentially, the front third of his skull off so that the brain could swell without causing further damage,” said Stone, who lives in The Plains, Va. “They told us we should prepare for him not to wake up from his coma. I’m like, ‘How do you prepare for that?” Link to article: http://www.wral.com/son-in-coma-mother-shocked-to-find-she-had-little-say-in-his-medical-care/15062774/

Tragically, the Stone family did not have a medical directive in place for Forrest. As a result, no one could make medical decisions on his behalf. The family had to go to court and ask special permission to make these medical decisions. Fortunately, they did eventually get that permission. The mother went on to say “If Forrest had stayed in a coma … and we hadn't been able to get legal guardianship, then the state would make those decisions, and I can't imagine how terrible that would be.” However, they had to fight with the hospital, they had to hire a lawyer, they had to go to court, etc… in order to accomplish what two simple documents could have prevented if the parents had known what they needed to do ahead of time.

The bottom line is, how could the Stone Family or your family ensure that this situation does not happen? It is actually quite simple. The parents need to ensure have a medical directive (also known as a living will) and a power of attorney in place for their college age children.

I can help you with these two very simple things. Please call my office at 240-235-5070 (or email us at Anthony@carduccilawoffices.com) to schedule your complimentary consultation today.