The Crucial Conversation About Healthcare Power of Attorney
The text came in right at 6:00am. Wondering who could possibly be texting that early, I looked at the screen. Why in the world would Walmart text me at such an early hour?! Well, it was our daughter’s 18th birthday and Walmart was letting us know that she was now considered an adult and we no longer had access to her medical records. From scraped knees to serious illnesses and surgeries, we’ve always been the ones to speak with doctors and guide their medical care. But the moment your child turns 18, all that changes. Legally, they are adults, and your automatic right to access their medical information or make healthcare decisions on their behalf disappears.
This often comes as a shock during a stressful time, like a college visit to the emergency room or a sudden illness away from home. Without the proper legal documents in place, even in an emergency, doctors may be legally prohibited from sharing information with you or following your wishes, no matter how dire the situation.
That's where a Healthcare Power of Attorney (HCPOA), also known as a Medical Power of Attorney or Durable Power of Attorney for Healthcare, becomes absolutely vital.
What is a Healthcare Power of Attorney?
A Healthcare Power of Attorney is a legal document that allows your adult child to designate someone they trust to make healthcare decisions for them if they become incapacitated and unable to make those decisions themselves. This includes everything from consenting to treatments and surgeries to accessing medical records and speaking with healthcare providers.
Why is it So Important When They Turn 18?
HIPAA Laws: The Health Insurance Portability and Accountability Act (HIPAA) is designed to protect patient privacy. Once your child is 18, HIPAA strictly prevents healthcare providers from sharing their medical information with anyone, including parents, without the child's explicit consent.
Medical Emergencies: Imagine your child is away at college in Chapel Hill and has an accident. If they are unconscious or otherwise unable to communicate, without an HCPOA, you might not be able to get updates on their condition, consent to necessary procedures, or even discuss treatment options with their doctors. Every minute can count in a crisis.
Peace of Mind: For both you and your child, having this document in place provides immense peace of mind. Your child knows that if something unforeseen happens, their care will be managed by someone they trust and who understands their wishes. You, as a parent, can rest assured that you can advocate for your child when they cannot advocate for themselves.
The Conversation: Making it Happen
This isn't a conversation about expecting the worst, but about being prepared for anything. Here's how to approach it:
Start Early: Discuss this with your child before they head off to college or embark on other independent ventures.
Explain the "Why": Help them understand that it's a legal formality designed to protect them, not to control them. Emphasize that it ensures their wishes are respected through you.
Keep it Accessible: Once signed, make sure both you and your child have copies. It's also wise to keep a digital copy easily accessible. Some families provide a copy to their child’s college health services, if applicable.
Consider Other Documents: While discussing HCPOA, it's also a good time to consider a HIPAA Authorization Form (specifically allowing release of medical information) and a Durable Financial Power of Attorney, which lets you manage financial matters (like paying bills) if they are incapacitated.
As our young adults embark on new chapters, ensuring their safety and well-being remains paramount. Taking the simple step of establishing a Healthcare Power of Attorney and a HIPAA Authorization Form is a profound act of care, bridging the gap between childhood protection and adult independence.
