Parenting Pointers: Heath Care Proxies and Powers of Attorney for College-Age Children

Without legally binding estate documents in place, parents may not be able to make medical or financial decisions on behalf of their college-aged children, or even discuss medical care with their child’s doctor. One step parents can take to protect their college-age children is to make sure their children have Health Care Proxies and Powers of Attorney in place.

Gentreo provides free helpful information and affordable tools for parents to learn more: https://www.gentreo.com/college-covid-prep-kit/

Gentreo was founded by mothers who worry about their children, like many other mothers.

I had a chance to do an interview to learn more.

Why might parents be surprised that they don't automatically have access to health care information for their college-age kids?
- Even though you may still financially support your child and they are not really "independent” from you, the law views it differently. Once your child reaches the age of majority, which in most states is 18, the law recognizes them as an independent adult entitled to make their own decisions. Accordingly, you no longer have legal rights to decide for them. Especially since so many doctors and hospitals are afraid of being sued, these organizations use these documents to protect themselves and want you to have the proper documentation.

What are benefits to both parents and kids of drawing up documents to allow access?
· If you have the proper documents and you have access to them, you can use the documents and avoid going to court and paying expensive legal fees. You save time and money when it matters most. You get to be with the ones you love instead of in court getting paperwork that is now easy and affordable.
· Access means the documents get used. Storing documents in a safe deposit box means you will never be able to get to them to use them. Or, if you place your documents somewhere safe, but your family has no idea where that is, then you end up in court wasting lots of time and money.

A bit more about college-aged children:
· Your adult child needs a Health Care Proxy in place that names you as an agent in order for you to make decisions for their medical care if they are incapacitated.
· Most college-age students have basic bills and a checking account. However, you can’t manage even these basic financial issues absent a Power of Attorney. Without a Power of Attorney, you will not be able to go to the bank and access the funds without either a court order or a valid Power of Attorney.
· A parent too many draw up documents allowing their adult child to now be their Health Care Proxy or Power of Attorney too. This can be especially helpful if a parent is a single or divorced parent.

What are some things that families need to look out for when granting parental access to college-age students' info?
· Just because you are a parent does not mean you will get automatic access to an adult child’s information. Parents must first make sure their child gave them the permission to access their information – too many assume they have this access when they may not.
· Many times if parents are separated or divorced, which parent or if both parents have access to information is a very sensitive subject. Gentreo lets you pick and choose which information you want to share and with whom. For instance, one may want to share one’s Health Care Proxy with all close relatives, but not sensitive banking information.