When your child turns 18, they legally become an adult in the eyes of the law. This milestone brings freedom and independence, but it also changes your role as a parent in ways many families don’t realize until an emergency strikes. A power of attorney ensures that you can step in and help your child make medical or financial decisions if they become ill, injured, or otherwise unable to act on their own.
At WJ Blanchard Law, LLC, we often see parents shocked to learn that they can’t automatically make medical or financial decisions for their adult child. Establishing a medical power of attorney for a child over 18 can prevent this stressful situation and give everyone peace of mind.
What Changes When Your Child Turns 18?
Once your child turns 18, you lose automatic access to their private medical, financial, and educational records. Even if you’re paying their tuition or insurance, laws like HIPAA prohibit hospitals, doctors, and universities from releasing information to you without your child’s consent.
Imagine your college freshman is in an accident or becomes seriously ill while away at school. Without proper documents, you might not be able to speak with their doctors or authorize treatment. That’s why a medical power of attorney for a child over 18 is so valuable; it gives you the legal right to help when your child cannot make decisions for themselves.
How a Medical Power of Attorney Works
A medical power of attorney allows your child (the “principal”) to name someone, often a parent, to make healthcare decisions if they are incapacitated or unable to communicate. This document authorizes you to:
- Access protected health information under HIPAA;
- Communicate directly with doctors and hospitals;
- Make or withhold consent for medical treatment; and
- Act quickly in emergencies without unnecessary legal delays.
Without this document, you may have to petition a court for guardianship, which takes time, costs money, and delays care during a critical moment.
Why College Students Especially Need One
College students are typically far from home, often hundreds of miles away from their families. If they’re in an accident, fall ill, or experience a mental health crisis, parents can face frustrating legal barriers. University health clinics and hospitals are legally prohibited from discussing the student’s condition without prior authorization.
By having a medical power of attorney for a child over 18 in place before they leave for school, you can act immediately in an emergency, protecting your child’s health and your peace of mind.
Consider Adding a Durable Power of Attorney
While a medical power of attorney focuses on healthcare decisions, a durable power of attorney covers financial and legal matters. It allows a trusted parent or guardian to manage a child’s accounts, pay bills, sign leases, and handle other financial responsibilities if they become unable to do so themselves. Together, these two documents provide comprehensive coverage for unexpected situations.
How to Create a Power of Attorney
Working with an attorney from WJ Blanchard ensures these documents comply with your state’s legal requirements and accurately reflect your child’s wishes. The process is simple: your child chooses who they trust, the document is prepared and signed before witnesses or a notary, and copies are shared with doctors, schools, and family members.
At WJ Blanchard, we help families prepare these forms efficiently and compassionately. We understand how important it is for parents to protect their children, legally and emotionally, as they transition into adulthood.
Protect Your Child’s Future With a Louisiana Estate Planning Attorney
Preparing a medical power of attorney for a child over 18 isn’t about taking away independence; it’s about ensuring your family can act when it matters most. With this simple step, you can protect your child’s well-being and avoid unnecessary legal barriers during emergencies.
Contact Our Louisiana Estate Planning Law Firm For Help Today
If you are planning for the future or need guidance with wills, trusts, or probate in Metairie, Louisiana, contact the experienced estate planning attorneys at WJ Blanchard Law to schedule a consultation and protect your family’s legacy today.
We proudly serve New Orleans, Jefferson Parish, and the surrounding areas:
WJ Blanchard Law
2800 Veterans Blvd Suite 257
Metairie, LA 70002
Phone: (504) 313-7478
Hours: Mon-Fri 09:00-17:00
Our firm is located near you. We have an office in Metairie
Find us with our GeoCoordinates: 30.0014913,-90.1498979,893
