If tomorrow your college student was involved in an unforeseen emergency, do you have the right legal documents in place that would allow you to communicate with doctors or financial institutions on his or her behalf?
For many parents, “estate planning” is not a term that seems to apply to their young, vibrant teens. We tend to envision older couples meeting with their lawyer to create wills and trusts that spell out their wishes after death. Rarely does it dawn on parents that young adults in Florida fall into a vulnerable age group that requires legal protection, too.
After all, once your child turns 18, you no longer have the legal right to speak on his or her behalf. This may not seem like a big deal until your darling offspring gets in a fender bender and needs to deal with insurance or needs medical records but doesn’t have time during finals week to hunt them down.
Generally speaking, if something goes terribly amiss with your college student, such as a medical emergency, you will have some recourse. If he or she becomes seriously ill or injured to the point of being incapacitated, the Florida courts will likely appoint you as his or her conservator.
However, the process of obtaining a guardianship could take weeks (and sometimes months!). When time is of the essence in a serious emergency, you won’t want to be at the mercy of the courts when fast decisions need to be made.
That’s why it’s beneficial to have the key legal documents in place now that will allow you to immediately get involved in your child’s affairs without having to beg doctors or petition the courts for control.
Creating Health Care Directives and Powers Of Attorney For Your Adult Child
In order to have access to your child’s medical records (or even to chat with his or her doctor about medical issues), you will need a HIPAA authorization, as well as a medical power of attorney. The purpose for having this type of power should be helping your child and making things easier, rather than to just be nosey–and you may need to make this clear to your college student who is anxious to spread his or her wings. It may also be helpful to let your child know that these documents are temporary and can be revoked at any time down the road.
The idea of having some legal say can reduce hassles in other ways, too. For example, if Junior is off on Spring Break and runs into some kind of financial crisis, you could be authorized to talk to and compromise with the bank on his behalf. In this type of case, a financial power of attorney is especially helpful, and a Tampa will lawyer can help you get one in place.
Speaking of wills and trust lawyers in Florida, while no parent wants to even imagine the worst-case scenario, it is good practice to have your college student set up a will. He or she can name the executor and speed up the probate process should a need arise. This also gives your child the ability to have some say in what becomes of his or her assets, rather than leaving you to guess what should be done with favorite mementos.
If you’re ready to get started creating a basic estate plan for your college student, simply give our Tampa law firm a call at (813) 438-8503 and ask to schedule a complimentary consultation with the mention of this article.