Happy graduates walk across the stage to shake hands with the school representatives and receive their diplomas this month. An act that officially moves them on to the next stage of their lives.
Another stage in these high school graduates' lives is officially becoming an adult when they turn 18. As they begin the process of moving out of their parent's homes and entering the workforce or continuing their education. As they become adults, many still rely on their parents for health and medical advice and for health insurance.
That single event of becoming an adult also throws some new issues at these new adults and their families. Turning 18 means healthcare providers cannot talk to anyone about their well-being under HIPAA privacy laws, not even ‘the Mom.’
Graduation Gift Ideas
Here are some ideas for graduation presents that parents, grandparents, and other family members could consider presenting to their favorite graduates.
Durable Power of Attorney for Health Care
The durable power of attorney for health care allows the naming of someone to make healthcare decisions for the individual when they cannot communicate. Usually referred to as an "agent," "representative," or "proxy," this person can be anyone of legal age. Traditionally, this would be a parent, spouse, or other trusted individual. The durable power of attorney for health care is activated when individuals cannot communicate their healthcare wishes or manage other aspects of their care. This document is for medical decisions only. The durable power of attorney for health care should also include HIPAA authorization. This authorization allows healthcare providers to share information with the selected agent.
Living Will (or advanced directive)
A Living Will (or advanced directive) may be a separate document or written in the health care power of attorney. The living will document states in advance which types of procedures we do not want to complete if death is imminent. For example, it states that I do not want life support given if death is imminent. If this document is signed, it takes away the power of attorney's ability to make that choice on whether to put me on life support because that choice was made in advance.
Power of Attorney
Health-related incapacitation may also require addressing financial decisions. The power of attorney is used for many financial situations. Power of attorney documents grant someone the authority to act on behalf of another. The individual given this authority is referred to as the attorney-in-fact. A springing durable power of attorney allows the individual to remain in control of their finances until a triggering event causes the "springing" of the document into action, thus giving the attorney-in-fact the authority to make financial decisions on behalf of the other.
Last Will and Testament
Probably the last thing parents want to think about at graduation is the need for a will. This vital document allows you to honor your child's wishes regarding bank accounts, personal assets, and social media accounts.
In Summary
Like insurance policies and legal paperwork, it is purchased with the hope it will never be used. However, being prepared for a worst-case scenario will help make difficult situations easier to maneuver. Contact your attorney to make this critical appointment and ensure the documents are created correctly and accomplish the new adult’s goals.
The information in this article is not provided, nor is it intended to be legal advice. Consult an attorney with specific questions regarding the drafting and utilization of these documents.
