Congratulations on your child’s graduation from high school! It’s quite an accomplishment for which they and you should be extremely proud. But while this is a time for celebration, it’s also a time for a serious conversation about how estate planning in Washington works, given that your grad has already turned 18 or will do so soon. This is because once your child is no longer a minor, you will no longer have decision-making authority about their health or finances, or access to critical records like you used to.
In Washington, parents have no legal authority to make health care decisions or manage their child’s money once that child turns 18, even if those parents pay their child’s tuition, have them on their health insurance plan, and claim them as a dependent for tax purposes. That means if a young adult is ever involved in an accident and becomes disabled or they become disabled for any other reason, even temporarily, you will require approval from a judge to act on your child’s behalf. This can eat up valuable time, time that could save your child’s life.
Thankfully, three estate planning documents exist to help protect your child so they receive the best care possible and promptly when every second counts. A description of each document follows.
Health Care Proxy/Medical POA/Health Care POA/Durable Power of Attorney for Health Care
A health care proxy, sometimes described as a medical power of attorney, a health care power of attorney, or a durable power of attorney for health care, hence the confusion around this document, allows the document creator to appoint someone to make medical decisions on their behalf. More specifically, it enables the appointee to access medical records, speak with medical providers, and make decisions if the individual who appointed them cannot do so themselves.
For purposes of this discussion, if your adult child, 18 and over, becomes incapacitated without having signed a medical power of attorney (or this document by any other name), the responsibility for making the final ruling about important decisions will end with the physician. While that isn’t always bad, doctors make choices based on what they believe is in the patient’s best interest. That may differ from what you think or what your child would think.
For instance, it could mean avoiding new or riskier treatments because the doctor doesn’t believe in them. Bottom line: If your child wants you to stay involved in their medical decisions, they must complete a healthcare power of attorney.
Advance Care Directive or Living Will
At the same time, at 18, your child can also sign an advance directive or living will, allowing them to put their preferences for medical care in writing in case they become too sick or unconscious to communicate their wishes. This document becomes active when someone is alive but can no longer express themselves.
Even at 18, your child may already have clear thoughts about how they would want their health managed during a serious medical event. The conversation might feel awkward or unnecessary, but it’s worth taking a few moments to address these possibilities. You might find that your child has definite ideas on the subject and is more articulate than you believed.
HIPAA Authorization
Related to the above, HIPAA dictates the standards for keeping medical records and other personal health information private. This means only people with legal permission can access them. In the eyes of Washington law, once your child reaches 18 years of age, they’re an adult. That legal cutoff can surprise many parents, especially in stressful situations, and in ones that are not, as they try to support their children from far away, calling doctors, getting test results, etc.
Without proper authorization, you may not be able to get any updates about your child’s condition, whether it is an emergency or not. Imagine trying to get information over the phone from a hospital hours or a plane ride away, only to be told that they are not able to share any news. No matter how much you plead, the hospital won’t legally be allowed to release any information if your adult child hasn’t signed a HIPAA authorization form.
To avoid that situation or others like it, it’s a good idea to ask your child to likewise sign a HIPAA authorization before heading to college. This simple step will allow doctors and hospitals to share health information with a third party, you in this case, even if you’re far away.
Durable Power of Attorney for Finances
A financial power of attorney gives you the legal right to step into your child’s shoes to handle many of your child’s financial matters. This includes paying bills, including medical bills, or helping them get out of a lease. It can be especially helpful if your child becomes sick or injured in another state and needs support from afar. Depending on how the document is written, it can take effect right away or only if your child becomes incapacitated.
Once your adult child signs a durable financial power of attorney, you’ll be able to access all their financial information. That includes bank accounts, tax returns, their bursar’s statement, financial aid details, and more. You’ll also be able to pay the bills from their accounts or sign paperwork for your child if they cannot do it themselves.
How to Find a Seattle Estate Planning Lawyer to Create Estate Planning Documents for Your Recent High School Grad
Whether your young adult lives at home with you, attends college, or lives independently, it is smart to protect them. As unpleasant as it is to imagine, having your child sign the above documents today is better than facing an emergency you and they are unprepared for tomorrow.
At Elise Buie Family Law, our Seattle estate planning team knows how to protect your child, easing unnecessary worry for you and them while making the process as quick and unintrusive as possible. Contact us today or schedule a convenient time to speak.
