If your child becomes incapacitated without a durable power of attorney you cannot access the child s bank accounts or credit cards to make sure bills are being paid.
Medical power of attorney for child over 18.
Below i ll discuss three legal documents you should have in place for your child.
If you might have special needs consult an attorney.
Due to restrictive hipaa laws doctors and hospitals are reluctant to release medical information without a health care power of attorney document.
The power of attorney may be effective from the moment your child signs it or you can specify that it be activated by a specific event for instance if he or she becomes incompetent.
Thankfully there is an easy fix for this that should be implemented as soon as your child turns 18.
California advance health care directive including power of attorney for health care imprint mrn note.
The minor child power of attorney allows a parent give full control over the decisions made for their child for a specified period of time usually lasting six 6 months or a year.
Durable power of attorney like medical information your 18 year old child s finances are also private.
Medical power of attorney a medical power of attorney sometimes called a healthcare power of attorney or a healthcare proxy is another document you need when your child turns 18.
Ultimately this is determined by state law.
The document meets legal requirements for most californians but might not be appropriate in special circumstances.
The short answer is no.
Once your child turns 18 they are considered a legal adult despite your misgivings about that.
Appointing an agent to make health care decisions.
If a state does not hold an age restriction to the requirement of an agent then a child may be allowed to act as the agent.
Due to the legal requirement in most states that an agent must be at least eighteen 18 years of age a minor cannot be given power of attorney.
Going one step further a medical power of attorney will allow your young adult child to appoint an agent to make medical decisions on their behalf.
For example your child has been in a car accident and she s unconscious says elizabeth pagel a texas based family law attorney.
Medical power of attorney or health proxy.
If they are injured or hospitalized it may be hard to get medical information on them.