What Parents Need To Know About Health Care Powers Of Attorney For College Students

When your child heads off to college, they gain a newfound independence. However, with this new stage in life comes the need for planning, especially when it comes to handling emergencies. One of the most important legal documents parents should consider for their college students is a Health Care Power of Attorney (POA). This document gives parents (or another trusted individual) the authority to make medical decisions on behalf of their child and interpret advance directives from their child if they are unable to do so due to illness or injury.

Here’s a step-by-step guide for parents to understand the importance of having a health care power of attorney for their college students and how to get one in place.

Why College Students Need A Health Care Power Of Attorney

Once your child turns 18, they are legally considered an adult. This means that, under privacy laws like the Health Insurance Portability and Accountability Act (HIPAA), parents no longer have the automatic right to access their child’s medical records or make healthcare decisions, even in an emergency. Without a health care power of attorney, parents could be left in the dark, unable to communicate with healthcare providers or make critical decisions if their child becomes incapacitated.

In a world of uncertainties, a health care power of attorney ensures that you can act swiftly and effectively if your college student is unable to make medical decisions on their own.

Step-by-Step Guide To Establishing A Health Care Power Of Attorney

Step 1: Discuss The Importance Of The Document With Your Child

Before taking any legal steps, it’s important to sit down with your child and explain why having a health care power of attorney in place is beneficial. Many young adults may not realize the importance of this document, especially if they are healthy. Highlight that this is not about taking away their independence but about preparing for unforeseen emergencies where having you in the loop could make a critical difference.

Step 2: Choose The Right Agent

In most cases, the agent (the person given authority under the health care power of attorney) will be a parent or trusted family member. However, this decision should be made jointly with your child. They need to feel comfortable with the person who will be making decisions on their behalf. The agent should be someone who understands the student’s healthcare wishes and can communicate effectively with healthcare providers.

Step 3: Draft The Health Care Power Of Attorney Document

Once you and your child are on the same page, it’s time to get the document drafted. In Wisconsin, the health care power of attorney form must comply with state laws to be enforceable. You have several options for drafting this document:

• Consult an Attorney: To ensure everything is done correctly, it’s often best to consult with an attorney who specializes in estate planning or healthcare law. They can guide you through the process and ensure that the document is tailored to your specific situation.

At Bosshard Parke, our attorneys can help parents in La Crosse and Sparta, Wisconsin, draft legally compliant and personalized health care power of attorney forms for their college-bound children.

Step 4: Make Advance Medical Directive Selections

Many health care power of attorney forms allow you to make advance decisions in the event of medical emergencies including decision on end of life care, use of artificial treatments to prolong life, and organ donation.

Step 5: Notarize The Document

In Wisconsin, a health care power of attorney must be signed in front of two witnesses or a notary public. This step is crucial to make the document legally binding. Many banks and public offices provide notary services, making it easy to get the document finalized.

Step 5: Distribute Copies

Once the document is signed and notarized, keep multiple copies in easily accessible locations. Your child should have a copy with them at school, and you (the parent or agent) should have one as well. It’s also a good idea to provide a copy to the student’s primary care doctor or healthcare providers they may visit while on campus.

How A Health Care Power Of Attorney Can Be Useful For Students In Emergencies

A health care power of attorney is particularly valuable in emergencies, allowing parents to:

• Access Medical Information: Without a health care power of attorney, healthcare providers cannot legally share medical information with you due to privacy regulations (HIPAA). The POA allows you to speak directly with doctors and get the information you need.
• Make Immediate Healthcare Decisions: In cases where the student is unconscious or otherwise unable to make decisions, a health care power of attorney grants parents the ability to decide on treatments, surgeries, or other critical medical interventions.
• Coordinate Care with Healthcare Providers: If your child needs long-term or specialized care, a health care power of attorney allows you to coordinate treatments, hospital transfers, or rehabilitation efforts without unnecessary delays.

When Should You Update Or Reassess The Document?

While establishing a health care power of attorney is an important step, it’s also crucial to revisit the document regularly, especially if circumstances change. For example, if your child moves out of state for an internship or transfers schools, it may be necessary to adjust the document to meet new legal requirements. Similarly, as your child’s healthcare preferences evolve, it’s important to ensure that the designated agent is still the right choice.

Conclusion

Sending your child off to college is a major milestone, but it also requires thoughtful preparation for the unexpected. Establishing a health care power of attorney ensures that you can step in when needed and make critical healthcare decisions if your child is unable to do so.

At Bosshard Parke, our experienced attorneys can assist parents in Wisconsin with creating and finalizing health care power of attorney documents that comply with state laws and provide the protection your family needs. Contact us today to schedule a consultation and ensure your college student is fully prepared.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For personalized assistance with legal matters, please consult with a qualified attorney at Bosshard Parke.