06/07/2022
Power of Attorneys are often thought of being used by children for their elderly parents. That we would use these valuable documents to make financial and medical decisions and receive the information we need to make decisions for them when they are unable to do so.
However, we often forget the importance of this document for our students going off to college who have attained the age of majority. A client of mine told me this story many years ago: imagine your son, who turned 18 over the summer, leaves for college, miles and miles away. Suddenly, you get a frantic phone call from his roommate that they were horseplaying in the dorms and he took a nasty fall down the concrete steps and was rushed to the hospital.
You call the ER at the hospital desperate to find out what your son’s circumstance is, but due to the fact of HIPPA regulations you are now not entitled to the protected health information and are rebuffed. You demand to talk to the doctor, however once more your requests are denied. Even with your son being on your health insurance.
Is that a surprise? No, not really. After all, your 18-year-old son is an adult by law, and thus, you have no legal rights to any of his covered medical information, nor can you make any medical decisions for him.
This is where a well drafted Power of Attorney and Health Care Surrogate with HIPPA waiver language is important. By appointing you as his agent, you can get the information and make the decisions you need. It is the peace of mind a parent would need in a crisis like this.
So, before your student leaves for college, sit down with them and talk about the significance of executing a Power of Attorney to cover these situations. One additional item to think about is not limiting that appointment to just medical issues, but to cover financial items as well. That way, you would be able to deal with the college, tax returns, and banks and other items relative to tuition, loans, expenses, etc.
If you or your student has any questions, please don’t hesitate to call our office at 813-534-3232