Upon reaching the age of 18, your child is legally recognized as an adult. This significant milestone, while a source of pride and celebration, also brings substantial changes in the management of their medical and legal affairs. A critical and often neglected aspect of this transition is the requirement for a medical power of attorney (MPOA). Recent legal amendments have further underscored the importance of parents obtaining this document for their young adult children. This article will explore the reasons why parents should secure an MPOA for their 18-year-olds, emphasizing the implications of the new law and the peace of mind it provides.
Understanding Medical Power of Attorney
A medical power of attorney is a legal instrument that enables an individual (the principal) to designate another person (the agent) to make healthcare decisions on their behalf if they become incapacitated. For parents, this means that once your child turns 18, you no longer possess the automatic right to make medical decisions or access their medical information without their explicit consent.
The New Law and Its Implications
Recent legislative changes have underscored the importance of having a medical power of attorney (MPOA). The law now enforces stricter confidentiality rules concerning medical information for adults. Healthcare providers are legally required to protect the privacy of their patients, including 18-year-olds, irrespective of their parents’ wishes or involvement. Without an MPOA, parents may face significant challenges if their child is incapacitated or unable to communicate their medical needs.
Key Reasons to Get a Medical Power of Attorney
- Ensuring Continuity of Care – Accidents and sudden illnesses can happen at any time. If your child is in an emergency and unable to communicate their wishes, an MPOA ensures that you can step in immediately and make informed decisions about their care. This continuity can be critical in emergencies where every second counts. By not having a MPOA over your child over 18 you run the risk of having no authority to make decisions on their behalf during a time when they need you.
- Access to Medical Information – Without an MPOA, parents can be left in the dark about their child’s medical condition. This lack of information can hinder your ability to make informed decisions or provide necessary support. With an MPOA, you are legally authorized to access their medical records and communicate with healthcare providers directly on their behalf.
- Legal and Financial Preparedness – Medical decisions often intersect with legal and financial matters. An MPOA can help navigate these complexities, ensuring that any legal or financial decisions related to healthcare are made in the best interest of your child. This preparedness can prevent potential disputes or complications down the line.
- Peace of Mind – Knowing that you have the legal authority to act in your child’s best interest provides peace of mind for both you and your child. It alleviates the stress and uncertainty that can arise in medical emergencies, allowing you to focus on their care and recovery.
Steps to Obtain a Medical Power of Attorney
- Discuss with Your Child: Have an open conversation with your 18-year-old about the importance of an MPOA. Explain how it works and why it is necessary.
- Choose an Agent: Your child should decide who they trust to make medical decisions on their behalf. While it is often a parent, it can also be another trusted family member or friend.
- Consult an Attorney: While you can find templates online, it is advisable to consult with an attorney to ensure that the MPOA is legally sound and meets all the necessary requirements.
- Sign the Document: The MPOA must be signed in accordance with state laws, which may include having it notarized or witnessed.
- Distribute Copies: Ensure that copies of the MPOA are given to your child’s healthcare providers and keep a copy for yourself.
Securing a MPOA for your 18-year-old is a crucial step in ensuring their health and well-being. The new law has made it clear that once your child is legally an adult, your ability to make medical decisions on their behalf is not guaranteed. By taking the proactive step of obtaining an MPOA, you can ensure that you are prepared to support your child in any medical situation, providing them with the care and advocacy they need. Don’t wait for an emergency to realize the importance of this document—act now to protect your family’s future.
Contact the Law Offices of Adele Schneideriet to get your child’s MPOA today! We have years of experience with Estate Planning and Power of Attorneys. Our limited-time special won’t last long for this service, so call our law offices at (805) 401-0821 Ext:5 and book an appointment to discuss your legal needs!
