Every August, I hear from Fishhawk parents busy buying dorm bedding and mini fridges for kids heading off to college. Almost none of them realize that the moment their child turned 18, they lost the legal right to make medical decisions for them or even to get information from a doctor. It does not matter that you are still paying the bills, carrying them on your insurance, or claiming them on your taxes. In the eyes of the law, your child is now an adult.
Why can’t I talk to my adult child’s doctor anymore?
Federal privacy law, known as HIPAA, protects the medical information of every adult, and at 18, your child became one. If your son or daughter is in an accident two hours away at college, the hospital can legally decline to tell you anything about their condition. Most parents discover this at the worst possible moment, standing in an emergency room hallway getting no answers.
What documents does an 18-year-old need in Florida?
Three simple documents solve this problem. First, a HIPAA authorization allows doctors and hospitals to share medical information with you. Second, a Designation of Health Care Surrogate names you to make medical decisions if your child cannot speak for themselves. Third, a durable power of attorney lets you handle financial and legal matters on their behalf, whether that is dealing with a landlord, a bank account, or a tuition dispute while they study abroad.
Does my child really need this if they are healthy?
This is the question I hear most, and I understand it. Nobody wants to think about their healthy 18-year-old in a hospital bed. But these documents are not about expecting the worst. They are about making sure that if something does happen, the people who love your child most are not locked out of the room. I have seen families forced to petition a court for guardianship over their own child because no documents existed. That process is expensive, slow, and heartbreaking, and it is entirely avoidable.
When is the right time to put these documents in place?
Before move-in day. These documents take very little time to prepare and sign, and many of my Fishhawk and Lithia families handle it in a single visit during the summer, often at the same appointment where mom and dad update their own estate plans. Your child keeps their independence, and you keep the ability to step in if they ever need you.
If you have a recent graduate heading to college or out into the world, let’s get these protections in place before the semester starts. Call the Law Offices of Laurie E. Ohall at (813) 438-8503 to schedule a consultation. It is one more thing to check off the college list, and it may be the most important one.