If you are a parent sending a child off to college this fall, you may have a hard time getting information about him or her during an emergency due to strict privacy laws.
Many college students continue to depend on their parents long past their 18th birthdays, but in the eyes of the law they are legal adults. This means that even though they may be relying on you for most of their support, privacy laws prohibit medical providers and financial institutions from disclosing information concerning adult children to their parents.
Under normal circumstances, this may not be a problem. Parents of college students should encourage their kids to be self-reliant and financially responsible.
But what happens in case of an emergency? Will you be able to access information about your child’s condition if they are seriously ill or injured while away at school? Will you be able to help them handle their financial affairs if they are incapacitated and are unable to make these decisions on their own?
Without three important documents, you may not be able to step in when your child needs you most. That’s why you should encourage your college student to get the following documents before heading off to school:
- Health Care Durable Power of Attorney: The Health Care Durable Power of Attorney allows your child to authorize you to make medical decisions if he or she is incapacitated and unable to do so. An agent acting under a Health Care Power of Attorney is authorized to see the principal’s medical records to make informed medical decisions on his or her behalf.
- Durable Power of Attorney: The Durable Power of Attorney will allow your child to authorize you to manage his or her financial affairs either immediately or in the future if they mentally or physically are unable to do so. This document would authorize you to pay bills, apply for social security or government benefits, and open and close accounts if necessary.
- HIPAA Release: HIPAA (the Health Insurance Portability and Accountability Act of 1966) requires health care providers and insurance companies to protect the privacy of patient’s health care information. Those who violate HIPAA are subject to civil and criminal penalties, including jail time, which makes them reluctant to share protected health information without authorization.
Without the HIPAA release, even parents may be prevented from accessing their children’s medical information. By signing a HIPAA release, your child can authorize doctors to share diagnoses and treatment options with you, whether it’s an illness, accident or crisis.
These three documents are easy to prepare and are relatively inexpensive. If you have a child heading off to college this year, it’s important that you discuss the importance of these documents with your child.
