Having a valid Health Care Proxy and Durable Power of Attorney is important for college-aged “kids.”
With the spring semester having just passed, many parents awaited the safe and exhausting trek home of their college-aged kids. Many kids are preparing to spend a semester abroad, in another state, or just take some time away from it all. Regretfully, we have all heard of the rare situations where a freak accident occurred during a long drive, scuba diving near Baja or having a bit too much fun out for the night with friends.
What happens when a medical emergency arises and your child cannot make or convey his or her own decisions? You, or you and your spouse or ex, rush to the hospital and want to know what is going on with your now adult child. Without a valid Health Care Proxy appointing you as the Health Care Agent or court appointed guardianship in place, the hospital is prohibited from releasing information or discussing the situation with you. Although you will find exceptions to how strictly medical providers implement this restriction, because of HIPPA Laws, medical facilities’ hands (and mouths) frequently are tied.
This topic is not made to create panic among parents or grandparents who know that a Health Care Proxy has not been signed, but rather, to encourage you to make time NOW while the student is home over the summer break to begin to broach the topic with your child.
It is hard to bring up the topic at a family dinner, but perhaps you just print out a copy of this article and leave it on your “child’s” desk, or bring it up during one of those rare evenings at home. In fact, many colleges encourage students to seriously consider signing such forms prior to leaving on semesters away from their home college.
Remember, although you consider this person your “child,” under the law, once he or she turns 18, under HIPAA, the medical care community treats him or her as completely separate and distinct from you, and owes that “child” full confidentiality unless he or she has executed a Health Care Proxy or a Medical Authorization form allowing you to make such decisions. True, there are circumstances where medical providers may still slip up and allow a parent or friend more information and input than warranted, but without the Health Care Proxy in-hand that appoints you as the Health Care Agent, the provider is prohibited from discussing the care and treatment of your child with anyone else, including you.
Remember, just because you are the parent of a child does not give you carte blanche to obtain information concerning your child’s medical circumstances with a health care provider, doctor or hospital. It is the properly signed and notarized HCP that documents the authority for a medical facility to release or share medical information. Once the document is signed, get copies of it to your child’s college health services, primary care physician, and possibly even consider putting a copy in the glove-compartment of his or her car.
One more thing that should be mentioned; even with a signed Health Care Proxy, a medical care provider may only discuss your child’s medical situation under very narrow circumstances, when there is a medical situation which requires action and your child cannot make informed decisions about his or her medical care or cannot communicate those decisions. Therefore, your child’s privacy is protected. For example, you can’t get information about pregnancy or eating disorders under this document as long as your child exhibits the ability to make informed decisions and communicate them.
By: Lisa L. Halbert, Esquire
PS - on a personal note, my son arrived in Costa Rica recently with an ATM card in hand and little other money. His card was rejected by the local banks. I am happy to report that just prior to leaving, he signed a Durable Power of Attorney, so I was able to shift his funds around and discuss with the bank the "now what," of his situation.
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