High school graduation season is currently underway. For some students, next semester means starting college which may include leaving home for the first time. When a child reaches the age of 18, Ohio law states that the child is considered an adult with personal privacy rights. For parents, control over the child is largely lost and access to private information is strictly limited. When a child transitions to adulthood, the associated information restrictions have potential to complicate matters for parents in the event their child should experience an accident or illness. However, proactive planning efforts can properly address these situations before they occur and may mitigate the stress associated with unexpected disasters.
Healthcare Power of Attorney
In Ohio, children transitioning into adulthood as they reach the age of 18 are strongly encouraged to execute a healthcare power of attorney. It's important to note that it does not matter if your child is still covered by your insurance – this does not give you any legal right to their medical information. A healthcare power of attorney is a legal document executed by the child that grants an "Agent", typically a parent or guardian, access to the child's medical records in the event that the child becomes incapacitated and enables the Agent to make medical decisions for the incapacitated party. Without this document, the Agent may need court intervention to obtain information related to the child's medical state or to make healthcare decisions on their behalf.
While it is beneficial for children of majority to execute such a document, it is also appropriate for all family members of adult-age to have this document prepared to address their own personal medical care.
Living Will
Often times, a living will is coupled with the healthcare power of attorney. Under Ohio law, the living will controls end-of-life decisions. A living will becomes effective when the patient is diagnosed to be in a permanently unconscious state or terminally ill. This document enables the child to detail their wishes regarding whether they shall be sustained by extraordinary means in the event such care becomes necessary. Additionally, the child executing the document may also detail their wishes regarding organ donation and the use of CPR. This document offers an incapacitated individual the opportunity to control their care when they are unable to make those decisions in real time.
Durable Power of Attorney
In addition to a healthcare power of attorney, children should consider executing a durable power of attorney in favor of a trusted family member. Like the healthcare power of attorney, the durable power of attorney names an Agent to act on their behalf. This document allows and Agent to act on their behalf in legal and financial matters. Banks, embassies, universities, courts, and other institutions are accustomed to dealing with these documents, so having them in place makes managing a child's affairs much easier and more efficient. Without a durable power of attorney, parents are restricted in what information they are entitled to and what input they may have on their child's financial and legal affairs.
Will
Depending on a child's assets, or potential inheritances, the child may require a will. Estate planning is not as common for younger people but should be considered. Wills control the disposition of probate assets upon one's death.
It's important to note that the documents discussed in this article are revocable. Planning now does not mean that these plans must be in place forever. As time goes on, it's expected that family dynamics change. That said, these documents can be amended or revoked at any time. However, establishing these documents requires a conversation with a qualified and experienced attorney. Additionally, proactively putting these documents into place in time for your child's transition to adulthood should be of high importance. If your family situation involves the planning considerations mentioned, it is advisable to arrange a consultation with one of our estate planning attorneys.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.