What is a Young Adult Power of Attorney, and Does My College Student Need One?
A parent’s job is never done; even when your kids reach the age of 18. But things can get a little more complicated as your children head off to college. Legally, your child is considered an adult once they turn 18, which means that you as a parent are no longer entitled to make decisions on their behalf. This can become a BIG problem during a medical emergency.
This is why many parents are considering having their college-age students sign a young adult medical power of attorney form. Hopefully, you will never need to use it, but it can still provide peace of mind.
Our estate attorney Elaine McGinnis P.A. explains what a young adult medical power of attorney is and why it is so important.
What is a Young Adult Power of Attorney?
A general power of attorney or “POA” designates an adult to make important decisions for another adult if it is found that they can no longer make those decisions for themselves. A young adult POA will allow you to make decisions for your 18-year-old if they are incapacitated.
A medical power of attorney pertains to healthcare decisions. It gives a designated person, called the agent, more rights than a living will does, as a living will only apply to end-of-life decisions.
A hospital may not allow you to make medical decisions on the behalf of your young adult, even if you are their parent. This is why a young adult POA is so important.
Without a POA in place, if your child is in an accident, becomes very sick, or gets into financial debt while away at school you will not be able to act on their behalf with doctors, insurance companies, or banks.
Further, the state may appoint a guardian or conservator for your child, and it might not be you. A Power of Attorney eliminates these concerns.
Is a Durable Power of Attorney a Better Option?
Every young adult should have a durable medical power of attorney, especially if they have a chronic health condition like depression or diabetes. You should also set up a financial durable power of attorney that designates who can make financial decisions on their behalf.
This will also allow you as their parent to put restrictions on medical care based on your family’s religious or cultural practices. You can limit:
Medications
Blood transfusions
Organ donations
And more
Make sure that you speak to our estate planning attorney Elaine McGinnis to ensure that these limitations are honored in the state where your child attends school.
What if My Child Attends an Out-of-State College?
You might be wondering if a power of attorney will protect your child who attends an out-of-state school. While you can have multiple POA forms, you should only need one for your child’s home state.
If necessary, a properly executed POA for your child’s home state will nearly always be recognized in another state.
While filling out the power of attorney form, it's important to specify your child's home state correctly. The state where your child resides continuously outside of school, where they pay taxes, cast ballots, receive mail, and where they can obtain a driver's license, is known as their "home state."
Setting up a Power of Attorney
In most states, setting up a durable medical power of attorney for your college student is as easy as filling out a form with names, contact information, signatures, and what powers the student is delegating.
In Florida, a medical POA needs to be signed by you and two witnesses, one of whom should not be related to you, and it must be notarized.
If you ever need to use your child’s POA, bring it to the hospital where it is needed for review. Or even better, have it on file with your child’s medical provider so it is easy to find during an emergency.
Explaining a Power of Attorney to Your Child
Young people may resist your request for them to sign a power of attorney because they want to be independent and feel that you are trying to control them by doing so.
To ease their worries, explain that a medical power of attorney will only give you control in an emergency because it only takes effect if a doctor has certified that the patient cannot make their own decisions.
You can also stipulate start and end dates to reassure your young adult that this is a limited power of attorney while they are at college.
Acting on Your Behalf > Durable Power of Attorney
Act on Your Young Adult’s Behalf
As a parent, Elaine knows how important it is to protect your child in any way that you can, even if they are considered an “adult.” Talk to your child about setting up a durable medical power of attorney to protect them in case of an accident or sickness while they are away at college. This could be one of the most important decisions you can make as a family.
It only takes a few minutes to start drafting a power of attorney. Reach out to the Law Office of Elaine McGinnis P.A. in Tampa today; 813-851-3380.