Turning eighteen is an exciting time for young adults who are going off to college or starting their careers. But reaching the age of majority means that your child is now, in the eyes of the law, a legal adult. And being a legal adult means they have adult legal rights, and among them is a right to privacy with respect to their medical information. This brings us to a discussion today about estate planning for young adults, specifically honing in on HIPAA and Health Care Surrogate Designations.
What is a Health Care Surrogate Designation?
It’s where you, or your child, name someone to be able to make medical decisions for them and have access to health information if they become incapacitated and cannot make decisions for themselves.
What is HIPAA?
HIPAA stands for the Health Insurance Portability and Accountability Act. It is a federal law that protects a patient’s privacy rights with respect to their medical and health information. This law is what prevents doctors from being able to disclose information about your treatment, medical history and other health information to third parties without a written waiver of these rights under HIPAA.
Why Estate Planning Matters Now
Take a closer look at a situation where your 18-year-old college student living away from home becomes sick, becomes incapacitated, or requires some kind of medical care (for example, alcohol poisoning or car accidents).
Once your child turns 18, you, as the parent, no longer have the right to be informed of your child’s medical conditions and HIPAA laws make it almost impossible for you to do so. Unless your college student has a Health Care Surrogate Designation in place where they’ve waived HIPAA rights, you will not be able to have access to their medical records. If you call the hospital asking for information on your child, the doctors will not speak to you. If your college student cannot make medical decisions for themselves (for example, if they are in a coma), you will not be able to make decisions for them if they haven’t named you as their medical surrogates in a Health Care Surrogate Designation.
And in that situation, you could be faced with the expense and stress of having to petition the court for guardianship over your child with respect to medical decisions and information.
Preparing for the Future, Today
Going off to college is a huge step in a child’s life, but you and your child need to be prepared for the unexpected. To prevent this from ever happening to you or your child while they’re away at school, you should have them speak with an experienced estate planning attorney and sign a Health Care Surrogate Designation. Naming you as their surrogates for health care decisions and waiving HIPAA rights will ensure that you have legal authority to act on their behalf and be fully informed.
Contact Our Estate Planning Attorneys
At SJF Law Group, we understand the importance of estate planning for young adults and their families. Our team is dedicated to providing tailored estate planning solutions that address the unique needs and concerns of young adults entering college. When you work with our estate planning attorneys, you ensure that your children will have the necessary protections in place for everyone’s peace of mind.
Our trusted estate planning and probate attorneys serve families in the vibrant communities of Plantation, Fort Lauderdale, Boca Raton, West Palm Beach, and Miami, FL. Our firm is also pleased to offer the options of both in-person and virtual appointments throughout Florida to make our services accessible no matter where you are located.
The estate planning attorneys at SJF Law Group stand prepared to assist you in tailoring a personalized estate plan that perfectly aligns with your individual needs and circumstances. To get started, please reach out to our law firm at 954-580-3690. You can also fill out our contact form. We take pride in responding to all inquiries in a timely manner.