Is your child headed off to college this fall? We understand the stress that comes with packing up their belongings, preparing for them to leave, and ensuring they have everything they need. In the midst of making those decisions, many forget an essential “to-do” that makes a huge difference – establishing a healthcare power of attorney (HCPOA). Keep reading to learn what exactly an HCPOA is, why it is helpful, and how to establish one for your college student!
What is a HCPOA?
A healthcare power of attorney (HCPOA) is a legally binding document that designates an adult (known as the agent) to make vital medical decisions on behalf of another person if they are unable to make those decisions for themselves. Designating someone as your college student’s HCPOA does not take away their ability to make their own medical decisions. Still, in the event of an emergency, the HCPOA can assist in making important decisions. Examples of potential events where you would need a HCPOA include an accident that leaves your child unconscious, an illness that leaves them unable to communicate, or if they go under general anesthesia. There are also other types of power of attorneys, including a financial power of attorney (POA), which allows an individual to manage financial decisions if your student is incapacitated.
Why is it needed?
Having a Healthcare Power of Attorney (HCPOA) for your child can be highly beneficial in the event of medical emergencies and in compliance with privacy laws. Once your college student is 18, parents legally do not have the right to make healthcare decisions for them or access their medical information due to HIPAA. With a HCPOA in place, if your child designates you as their HCPOA agent, you can access vital medical information or make medical decisions for them if necessary. Without an HCPOA in place, if your college student were to become incapacitated, you may have to gain guardianship legally through the court system, which can be a complicated and drawn-out process. If your child requires an urgent medical decision, it can pose a threat to their health and safety. For most parents, HCPOAs provide peace of mind that their child’s best interests and wishes will be granted should they become unable to make those decisions themselves. As they begin their new journey, a HCPOA can allow a parent to protect their child still.
How do you get an HCPOA?
To establish an HCPOA, we recommend consulting with an attorney to discuss the process. There are numerous legal documents and compliance rules to follow to ensure legitimacy, so receiving guidance and advice can help make the process smoother. For instance, if your child is attending college in a different state, you may need to sign multiple documents to ensure legitimacy in both states. It is also helpful to consult with an experienced attorney to determine any limitations and restrictions. You should also discuss with your child the importance of an HCPOA, how it will benefit them, and ensure they understand the documents they will be signing. We recommend keeping multiple copies and distributing them to the relevant individuals, including your child’s healthcare provider.
Sending your child away to college is already stressful enough, and knowing that you can help protect them with a HCPOA makes it a little easier to send them off! Consider implementing a healthcare power of attorney, so you can have peace of mind knowing that you will be able to make informed decisions about their care should you need to. Leslie Craft can help you with drafting and finalizing these documents before your college student starts school. Contact us today to get started, 252-752-0297.
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