Children become legal adults at 18. The law says they can make their own decisions and have all the rights and benefits of adult citizens of the United States as you and I (with the exception of drinking, which is reserved until the age of 21.)
If your young adult child has an accident or is in the hospital and is unable to make medical decisions, you legally would be unable to make any medical decisions for your child without his or her prior permission.
If your child is an adult, privacy rules require that medical care providers keep the child's medical information confidential. The only way the medical information can be released to you -- the parent -- is if the adult child has given his or her permission to release that information to you.
And if your child remains incapacitated, unable to make medical decisions for him or herself and has not given you prior permission to make those medical decisions, your only option would be to apply to the probate court for guardianship for your child. Only after you have been appointed guardian would you have access to your child's medical information and be able to make medical treatment decisions for him or her.
A far simpler way to avoid the guardianship and be able to access your incapacitated adult child's medical records and make treatment decisions for him or her: sign a properly drafted durable power of attorney for health care, also called a designation of patient advocate.
In this document, your child would designate you as the health care agent or patient advocate who has access to all medical information and make medical treatment decisions when he or she is unable.
Full Article and Source:
Families confront legal issues when kids turn 18
If your young adult child has an accident or is in the hospital and is unable to make medical decisions, you legally would be unable to make any medical decisions for your child without his or her prior permission.
If your child is an adult, privacy rules require that medical care providers keep the child's medical information confidential. The only way the medical information can be released to you -- the parent -- is if the adult child has given his or her permission to release that information to you.
And if your child remains incapacitated, unable to make medical decisions for him or herself and has not given you prior permission to make those medical decisions, your only option would be to apply to the probate court for guardianship for your child. Only after you have been appointed guardian would you have access to your child's medical information and be able to make medical treatment decisions for him or her.
A far simpler way to avoid the guardianship and be able to access your incapacitated adult child's medical records and make treatment decisions for him or her: sign a properly drafted durable power of attorney for health care, also called a designation of patient advocate.
In this document, your child would designate you as the health care agent or patient advocate who has access to all medical information and make medical treatment decisions when he or she is unable.
Full Article and Source:
Families confront legal issues when kids turn 18
3 comments:
This is good information to get out there. Families of adult dependents are often led down the path of guardianship instead of PoA.
The problem, however, is the court can easily roll over a PoA, if it desires. And it often desires if there's a lot of money involved, which there is with many of these cases.
Oh, my, I never thought about this when our kids were this age not really kids anymore but single, no spouse. This is so important, newsworthy and I never heard this in the news or media til this time. Thank you.
Somebody should give the author of this article the heads up on how CORRUPT Probate Court/Guardianships are when there is MONEY for them to steal; then POA's don't mean a thing to these PERPS.....liars, cheaters, and Thieves. Legalized Stealing because Legislators who write these CRAP laws are Attorney's and they feed their cronies at every turn. That's what's wrong with this country; Too Many Unscrupulous Lawyers in our State Legislature. Maybe Science will invent a VIRUS that just attack PIG lawyers! Ahhhhh, that's a nice thought!
Post a Comment