Importance of a POA for Parents with Kids in College
Whether you have a child that is currently in college or will soon be heading off to college, it is extremely important to consider legal documents in the event your child requires medical care or other assistance that you will not be able to provide unless your child has completed a power of attorney (POA) document or certain types of advance directives. Since most college kids are adults under the law, these documents must be in place for important decision-making purposes. Our Summit estate planning lawyers can explain in more detail.
Durable Power of Attorney for Health Care for Your College Student
Once your kids leave for college, they are usually 18 years of age or older. Accordingly, they are adults, and you may not be able to make important medical or health care decisions on their behalf if something happens and they become incapacitated. For example, if your college student is involved in an accident and becomes incapacitated, they will need someone to make medical decisions on their behalf. Many college students also have chronic conditions, in which case it is particularly important to make sure that you are able to make decisions on their behalf if they are unable to do so for themselves.
In order for you to have the ability to make medical decisions for your college-aged child, you will need to discuss having your estate planning attorney draw up a durable power of attorney for health care — also known as a proxy directive — for your child to complete. With a durable POA for health care, your child can name you as their agent so that you can make medical decisions in the event of an unexpected accident or medical emergency.
This document will be recognized at colleges and universities throughout New Jersey, and most states also have legal provisions that will result in those states recognizing a durable POA for health care that your child signed in New Jersey. Accordingly, the document will remain valid in most cases wherever your child decides to attend college.
Additional Medical Documents When Your Child Leaves for College
You should also discuss additional important medical-related documents with your estate planning attorney for your college-aged child. For example, a Health Insurance Portability and Accountability Act (HIPAA) release can allow your child’s health care provider to share information with you.
An instructive directive, also known as a living will, is a document through which your child can specify their wishes for end-of-life care if the unexpected happens.
To find out about any additional documents that are important to have in place, you should seek advice from your estate planning lawyer.
Contact a Summit Estate Planning Attorney
For anyone with a child about to leave for college, or kids in college, there are important documents that you should have in place for your kids. One of the experienced New Jersey estate planning attorneys at Dempsey, Dempsey & Sheehan can speak with you today about a durable power of attorney for health care, a HIPAA release, a living will, and more. Contact us to find out more about how we can assist your family.
Source:
nj.gov/health/advancedirective/ad/forums-faqs/
