Upon reaching the age of 18, many children will leave home and may head off to college. This legal milestone bestows upon them the rights and responsibilities of adulthood, including the ability to vote, build credit, legally execute binding contracts, and make autonomous medical decisions. The Health Insurance Portability and Accountability Act (“HIPAA”) further ensures that medical providers cannot disclose an adult’s medical information without explicit authorization to safeguard patient confidentiality.
While adulthood symbolizes newfound independence for your children, it also imposes significant restrictions on your rights as their parent. Importantly, parents no longer have the legal authority to make medical decisions or receive medical information on behalf of their now-adult child, even in emergencies, unless they possess a health care power of attorney (“HCPOA”).
An HCPOA is a crucial legal instrument that empowers an adult to designate a trusted individual to make medical decisions on their behalf if they become incapacitated. An HCPOA does not infringe on privacy rights, nor does it grant the designated agent unrestricted access to all medical information or absolute authority over medical decisions. Instead, an HCPOA ensures that the individual’s medical preferences are respected and their needs are met when they cannot advocate for themselves. The HCPOA allows for the inclusion of specific instructions and limitations tailored to the individual’s wishes.
Including a HIPAA release in the HCPOA permits medical professionals to share pertinent medical information with the agent during an emergency. This dual approach of an HCPOA and HIPAA release provides a comprehensive legal framework to protect an individual’s medical autonomy while ensuring trusted persons can act on their behalf when necessary.
It is prudent for all adults, especially young adults, to consider executing an HCPOA to safeguard their medical interests and ensure their healthcare wishes are honored. If your child has attained the age of 18 but does not have an HCPOA in place, in the instance of a medical emergency, a petition to the Court to be appointed as your child’s legal guardian may be required. This can be a costly and protracted process that is otherwise avoidable if an HCPOA is executed.
If your child is interested in talking to someone about drafting their HCPOA, please contact Connie Schonlau at cschonlau@hn-colaw.com or 720-390-3457. We look forward to helping your family with this important issue.
