May is graduation month. (Congratulations, class of 2018!) Perhaps one of your children graduated from high school and is fledging the nest. Whether they are off to college or to some other great adventure, there are a few documents you should make sure your child completes before leaving home. (And if they’ve already left, call them and have them get on these tasks right away! Or next time they are home for a visit!)
1. Health Care Power of Attorney
Now that your child is over 18, in the eyes of the law he or she is a bona fide adult. Although that’s exciting for them, it also means that mom and dad no longer have the same legal rights that they used to. Most parents and kids assume that a parent could make a health care decision for the child if need be. But that’s generally not the case. Thus, if your kid wants you to continue to make health care decisions for her if she can’t make them for herself, she needs to sign a health care power of attorney.
(While you’re at it, perhaps it is time to update yours, too. Do you want to add your new adult child to the list of people who can make decisions for you?)
2. Living Will
If (God forbid) your child ends up in a persistent vegetative state, you could be faced with the decision to either keep them alive as long as possible, or allow them to die. That’s a decision that is difficult to make for anyone, but I can scarcely imagine making it for your young adult child. That is a decision that your child should make for himself or herself, and the correct way to do that is through a living will.
(And if you don’t have one, you are giving your child the opportunity to make that decision for you. Give your child the gift of not having to make that decision by signing your own living will.)
3. HIPAA Release
While we are on the topic of health care issues, imagine that your kid has decided to check himself into a mental health hospital, or an alcohol rehabilitation clinic. Or your child has a serious illness and is in the hospital. Would you like to be able to talk to your child’s doctors to find out what the problem is, or how you can help with treatment? Would your child want you to be able to do so? That’s the purpose of getting a HIPAA release for your child. With a HIPAA release, you can access your child’s health information and talk to his or her doctors and other medical people directly.
(Should your kid have a HIPAA release for your health information?)
4. Durable Power of Attorney for Finances
Depending on how much financial independence your child has, she may be quite comfortable having you manage her money. But now that your baby has turned 18, you no longer have a legal right to do so. If your child wants you to continue helping out in this arena, she needs to sign a power of attorney for finances. Even if she doesn’t want your help today, she might need it in the event she has a serious accident or illness. The power of attorney permits this, too.
(Should you list your kid as an agent on your power of attorney? Do you even have a power of attorney?)
5. FERPA Release
FERPA is the Family Educational Rights and Privacy Act. One thing FERPA says is that parents generally do not have a right to see their adult child’s education records, without the consent of your child. So talk to your child about the many reasons why you should probably have access to that information. For one thing, if you are paying for college, you should probably be able to find out if your child is, say, going to class. Get that access by having your child complete a FERPA release.
Of course, if your child’s next adventure is to Borneo to live with monkeys in the rain forest, or to your basement to spend a year playing video games, you don’t need a FERPA release. Even though I’m sure both of those experiences would be very educational. (And no, your child doesn’t need a FERPA release for you!)
Congratulations again to graduates and to anyone who is transitioning to a new chapter in their lives. While you are dealing with all the exciting activities that happen when you make a major transition, be sure to set aside some time to make sure your legal house is in order. And, if you or your child need help, please call Learned Lawyer today!
