Sending a child off to college marks an exciting and emotional chapter for many families. As you prepare by buying dorm essentials, confirming class schedules, and coordinating travel, you may believe you have addressed all the critical items. Yet there may be one crucial detail that you have overlooked – the need for incapacity planning. With that in mind, the Vero Beach attorneys at Kulas Crawford & Smith explain why your college student needs an incapacity plan that includes an advance directive.
Sending Your Child Off to College
Once a young adult turns 18 in the state of Florida, parents are no longer automatically permitted to access medical records, speak with doctors, or make financial or health care decisions on their child’s behalf. Even if you are still financially supporting your child or covering their health insurance, the law views your relationship differently after they reach the age of majority. Without specific legal documents in place, your ability to intervene in an emergency could be seriously limited.
Turning 18 and the Legal Ramifications
Reaching adulthood under Florida law carries significant legal consequences. Parents often assume they can continue making decisions for their children, particularly in times of crisis. Once your child is legally considered an adult, however, the authority you once held to do things such as viewing academic records, discussing health issues, or handling finances, no longer exists without explicit authorization.
If your child is in an accident, becomes seriously ill, or is otherwise unable to communicate, medical providers are bound by privacy laws. You may be denied critical information at the very moment your child needs your involvement the most. Taking the time to prepare legal documents before your child leaves for college can make all the difference in an emergency.
Health Care Surrogate Designation and HIPAA Authorization
One of the most vital documents for college-bound students is a designation of health care surrogate, which is Florida’s equivalent to a health care proxy. This legal instrument allows your child to appoint someone, typically a parent or guardian, to make health care decisions if they become incapacitated. The document becomes effective when your child is deemed unable to make informed decisions on their own.
Along with the surrogate designation, your child should complete a HIPAA authorization form. HIPAA, the federal Health Insurance Portability and Accountability Act, protects the privacy of medical records. This form gives medical professionals permission to share protected health information with individuals chosen by your child. Without it, even a hospital treating your child in an emergency may be unable to confirm whether they have been admitted.
Including a Living Will for Additional Clarity
While young adults are typically in good health, unpredictable events such as serious accidents or illnesses can occur. A Living Will allows your child to put their end-of-life wishes in writing. This may include whether they want to be kept alive using machines, such as a ventilator or feeding tube, in the event of a permanent unconscious state. Although it is difficult to consider these situations, having a Living Will in place provides peace of mind. It reduces stress, eliminates guesswork, and can help prevent conflict among loved ones during an already difficult time.
Durable Power of Attorney for Financial and Practical Affairs
Incapacity does not only affect medical decision-making. Your child may also have financial and administrative matters that need attention, such as managing a bank account, paying bills, or speaking with their college’s financial aid office. By executing a Durable Power of Attorney, your child can authorize you or another trusted individual to handle legal and financial matters if they are unable to do so themselves. Unlike a standard Power of Attorney, the durable version remains in effect during periods of incapacity, which is precisely when it is most likely to be needed. Even if your child has limited assets, they still may need someone to act on their behalf to manage tuition payments, access insurance claims, or communicate with government agencies.
Start the Conversation Early
These legal documents are relatively straightforward to prepare, yet many families do not address them until it is too late. Consider raising the topic during summer break or before your child leaves for campus orientation. While the conversation may be slightly uncomfortable, it is far easier than navigating a crisis without proper authorization.
Preparing these documents is a simple yet powerful way to protect your child and maintain your ability to support them if the unexpected occurs. Working with an experienced estate planning attorney in Florida ensures that all documents are properly drafted and legally valid. When a medical emergency or other crisis arises, you will be thankful these protections are already in place.
Can We Help You Create an Advance Directive for Your College Student?
To learn more, please join us for an upcoming FREE seminar. If you would like assistance creating an advance directive for your college student, please contact an experienced Vero Beach estate planning attorney at Kulas Crawford & Smith by calling (772) 398-0720 to schedule a consultation.
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