Protecting Your Adult Children
Congratulations to all high school graduates and parents! This is an exciting time full of changes and new beginnings. But, before your young adult moves to the next stage of life, make sure you have their necessary legal documents in place.
Once a person turns 18 years of age, Colorado law considers them a legal adult. This means a parent can no longer make legal or medical decisions, or access medical records, for their adult child without the adult child’s consent, even if they remain on your health insurance. So, for your adult child’s protection and your peace of mind, we recommend you talk with your child about having proper legal documents prepared before they take off on their next stage of life! Specifically, we recommend the following:
- Medical Power of Attorney. A medical power of attorney authorizes you to make medical decisions for your adult child if s/he is incapacitated. They can also nominate backup decision makers in case you are unavailable.
- HIPAA Release. As an adult, your adult child’s medical records are protected under HIPAA, even from you, and they control access to those records. With a signed HIPAA Release, you can have access to your adult child’s medical records and be able to communicate with their doctors, which allows you to continue to be informed and help your adult child with their medical care and needs.
- Financial Power of Attorney. As an adult, your adult child now makes their own legal and financial decisions. You can no longer do that for them absent a legal document granting you the power to do so. A financial power of attorney authorizes you to make legal and financial decisions for your adult child if s/he is incapacitated.
- Will. While most young adult children (18-22 years) have not acquired significant assets to be overly concerned about where those assets would go in the event of their death, a Will is still a worthwhile document to have in place, just in case.
This summer, celebrate your child’s amazing accomplishments! But, before they leave for their next great adventure, we recommend you have them set up these important legal documents, again, just in case. We offer a free initial consultation with an attorney, so please give use a call at (719)575-9690. We look forward to providing you and your adult child peace of mind as they start the next phase of life!