Written by Amy Scott Smith and Ryan McCarthy

Yes. 

In your eyes, you may see your college freshman as your child who is still very dependent, but you may be surprised to learn you are no longer authorized to make important decisions on their behalf.  In Montana, when your child turns 18, your parental authority for managing their affairs, including receiving health care information and making health care decisions, generally ceases.

Additionally, the federal Health Insurance Portability and Accountability Act (HIPAA) prohibits medical providers from sharing protected healthcare information about patients over age 18 without written authorization from the patient.

If your child is injured or is suffering from a severe illness or mental health emergency and cannot make informed decisions for herself, healthcare providers do not have to discuss your child’s medical situation with you or share information with you.  This applies even if your child is covered under your health insurance.    

If your child is away at college, or traveling, and needs your assistance with financial matters, you no longer have the authority to do so.  This means you may not be able to assist your child with renewing her car registration, signing or terminating her apartment lease, or accessing her bank accounts. These things come up constantly and it is best to do it now rather than later.

I was a freshman in college not too long ago, and I remember the feeling of finally thinking I was independent. In reality, I still looked to my parents for assistance a lot.  When you bring this up with your newly independently thinking college freshman, assure them you are acting in their best interest. Assure them you are not trying to hover over their lives, you just want to make sure if something unpredictable happens, you can help them.

In the case of an injury or serious illness, it may be too late to obtain written authorization from your child if she is not alert and able to make informed decisions. 

Without a power of attorney in such circumstances, your only option is to be appointed legal guardian by a court.  Now, say it happens over a long holiday weekend, getting appointed could take time, and in an emergency, time is of the essence.

While your child is healthy, she can sign a durable power of attorney authorizing you or another trusted adult as her agent to act on her behalf in the event assistance is needed, whether due to an emergency or for convenience.  It is important to have a durable power of attorney for both financial and healthcare matters. The power of attorney should specify that it is durable so that it remains effective even if your child is incapacitated.  An agent may act in the above-described situations without Court involvement.    

In conjunction with a durable power of attorney for health care, your child should also have a living will (also known as an advanced directive).  A living will allows your child to provide written direction regarding life-extending treatment and organ donation.  A living will can take the pressure off of family members having to make difficult decisions in a time of tragedy.

Your child may also want to consider executing a Last Will and Testament, particularly if they have a bank account or other assets valued over $100,000, or own real property.

A properly drafted power of attorney and living will should be valid in any state, and many countries.  This is important for your child who is off to college, or traveling abroad.    

Worden Thane’s Estate Planning attorneys have the experience and expertise to guide you and your child through these issues and more.