Documents When Child Turns 18
The Health Insurance Portability and Accountability Act, commonly known as HIPAA, prevents a person who is not named in a signed press release from receiving medical information about another adult. It doesn`t matter if the adult is your child. Your son or daughter can sign a full release or set limits on what information can be shared. A dramatic example would be if your child had an accident and needed medical advice, but the medical team was not allowed to share important information with you. Before you start having nightmares about a scenario like this, take a deep breath. Fortunately, there is a simple solution for this that should be implemented once your child turns 18. For example, parents cannot be informed of a student`s grades at college or their enrollment status without the student`s written permission. Parents will also not necessarily be aware of any bills on behalf of the student that are pending. Even more troubling, without the child`s explicit consent, parents cannot obtain details about their child`s health status, “and they no longer have the [legal] ability to make decisions” about the child`s health care, says Therese R. Nicklas, a certified financial planner and president of Wealth Coach for Women Inc. in Rockland, Massachusetts. If your child is not yet 18, I would present the signing of these documents as something they must do when they turn 18, with a brief explanation of what the documents do.
If you`re still supporting your child and you`re about to pay for some or all of the university, you shouldn`t have much of a headwind. Talking to children who are a little older and have cost more freedom could be more difficult. In this case, the agreement to be signed will probably depend more on their maturity and the relationship you have with your child. A HIPAA version allows you to access your child`s medical records and receive medical updates after the age of 18. Having this form would be especially helpful if your child had a persistent or sudden medical problem. You`ll need both a HIPAA version and a healthcare proxy because a HIPAA version makes it easy for you to get information about your child`s medical condition and records. A power of attorney for health care allows you to make decisions on behalf of your child if they are unable to do so. For the child, a health representative makes sure that someone they know and trust can make decisions for them if they have serious medical problems. From a parent`s perspective, you want to be able to actively participate in your child`s health issues when a serious event occurs.
Most public high schools, as well as public and private colleges and universities, inform parents of this requirement. Ultimately, however, it`s up to you to make sure your child signs a release to give you access to their records. According to HIPAA rules, once your child is 18, you won`t be able to access their health record without written consent. HIPAA laws even prevent you from getting medical updates if your child can`t communicate their desire to include you. Dealing with the legal aspect is of course only part of this journey for you and your child. The age of 18 is an important milestone and an opportunity for you to have meaningful conversations about your hopes and wishes and get an idea of your child`s dreams. Your child can restrict the types of transactions you can make or grant full control, and also grant power of attorney with a schedule that includes a start and stop date. In addition to the emotional aspects, you will both be confronted with certain legal realities.
In particular, your rights as a parent diminish when your child reaches the age of 18, including the right to know their finances, health or even school records. This means, for example, that if your child were injured, you would not have the right to make medical decisions on their behalf. There is a remedy for this and it includes some legal documents on the spot. These are the documents you will need when a child reaches the age of 18. www.wsj.com/articles/documents-you-need-when-a-child-turns-18-1511972303 In your eyes, your child will always be “your child”, regardless of age, but in the eyes of the law, this “child” is legally an adult on his 18th birthday. This seemingly minor BOM change can have a major impact if not carefully planned. Without having certain documents in place on his 18th birthday, you will not have access to their medical, financial or academic records. Making sure you have the legal documents described above will give you access to important information, but ideally, much of that information will come from the conversation with your child.