Question: My son is 18 years old and he is away at college. He has a medical condition and we want to make sure he is staying on top of it. We’ve been told that we no longer have the right to get information from his doctor about his condition. Is this true?
Answer: When children turn 18, they are legally considered adults and have the right to the privacy and autonomy granted by law. Consequently, parents no longer have automatic access to their medical, financial, and educational information.
Even though your son has a pre-existing condition, once he turned 18, legally his doctors were no longer required to share any information with you. This is where the importance of legal planning comes into play. By having a child sign the necessary documents when they reach the age of 18, parents can continue to have access to their child’s important information and make critical decisions on their child’s behalf.
In Indiana, a legal document such as an Advance Directive for Healthcare can enable parents to make medical decisions for their young adults if they are unable to do so themselves. It can also grant parents access to their adult child’s medical information. Similarly, a Durable Power of Attorney can grant parents the authority to manage their child’s financial affairs, including accessing bank accounts and making financial transactions. Finally, a FERPA release form can enable parents to obtain their child’s educational records and communicate directly with educational institutions.
Medical decision-making: Advance Directive for Healthcare
One of the most important legal documents that parents should consider having a child sign once they turn 18 is an Advance Directive for Healthcare. Under an Advance Directive for Healthcare, an adult children can appoint a person or persons to act as their healthcare representative giving that representative authority to access medical records and allows that person to make medical decisions on their behalf if they are unable to do so themselves (i.e. in situations where a young adult becomes incapacitated, whether due to illness, injury, or other unforeseen circumstances). Without this legal document, parents may face significant challenges accessing medical information and making important decisions about their child’s health and well-being.
Under Indiana law, there is no official or mandatory form required to create an Advance Directive for Healthcare. A directive can be used to solely appoint a healthcare representative or it can be used to name a healthcare representative and dictate the type and extent of future medical care that a person wishes to receive. However, there are certain things that the document needs to include to be enforceable under the law. This is why parents need to work with an attorney to ensure that an adult child’s preferences about their medical care and their chosen representative(s) are captured in a legally valid document.
By having an Advance Directive for Healthcare in place, parents can take comfort in knowing that they have the legal authority to act in their child’s best interest, even when they have turned 18 and are considered legal adults.
Financial access: Durable Power of Attorney
In addition to the Advance Directive for Healthcare, parents should also consider talking to their adult child about signing a Durable Power of Attorney. When parents are appointed as Power of Attorney through this document, they are granted authority to manage their child’s financial affairs, including accessing bank accounts, paying bills, and making financial decisions. A Power of Attorney can be effective as soon as it is signed by the adult child or it can become effective upon the child’s incapacity.
A Durable Power of Attorney is particularly important for young adults who may not have the experience or capacity to handle financial matters independently. Without this legal document, parents may face challenges accessing their children’s bank accounts or negotiating financial matters on their behalf.
By creating a Durable Power of Attorney, parents can ensure that they have the necessary legal authority to effectively help manage their child’s financial affairs and protect their best interests once they turn 18.
Educational access: FERPA authorization
Parents should also consider obtaining authorization to access their child’s educational records. Under the Family Educational Rights and Privacy Act (FERPA) parents have certain rights to their child’s educational records. However, once a child turns 18, those rights transfer to the child and that child’s educational records, including grades, attendance records, and disciplinary actions, are protected by FERPA. This means that parents no longer have automatic access to this information without their child’s consent.
By obtaining a FERPA authorization, parents can continue to stay informed about their child’s academic progress and ensure they have the necessary information to provide guidance and support. This is especially important for parents who are financing their child’s education or providing financial aid.
It’s important to note that while a FERPA authorization grants parents access to educational records, it does not give them the authority to make decisions on behalf of their child or communicate with professors or administrators. Parents should communicate openly with their child about their expectations and boundaries when it comes to accessing educational records.
To obtain a FERPA authorization, parents can typically contact their child’s college or university’s registrar’s office or access the necessary forms online. It’s important to fully understand the scope of the authorization and any limitations so it would be helpful to consult with an attorney before signing the document.
Planning for Your Child’s Transition to Adulthood
It is so important to have a conversation with your child about these documents and their implications. Discuss their desires and preferences for medical care, financial management, and privacy of educational records. This open communication will help establish boundaries and ensure everyone is on the same page.
Next, consult with a legal professional to properly draft and execute the necessary documents. They will guide you through the process, answer any questions you may have, and ensure that the documents meet all legal requirements. A FERPA authorization, Advance Healthcare Directive and Durable Power of Attorney if drafted and signed correctly provides parents with comprehensive legal authority to make medical decisions, manage finances, and access educational records to continue looking out for the well-being of their children.
Once the documents are in place, be sure to keep them in a safe and accessible location. Make copies for yourself, your child, and any pertinent individuals or institutions, and inform trusted family members, medical professionals and advisors about their existence and location.
Regularly review and update the documents as necessary, especially if there are any major changes in your child’s medical, financial, or educational circumstances.
By taking the time to create a comprehensive plan, you can ensure that your child’s needs are met and their best interests are protected as they navigate adulthood.
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