My Child is 18, Now What?

THIS REPORT COMES TO YOU COMPLIMENTS OF: PURCELL & AMEN, L.L.C.
Telephone: (314) 966-8077 Fax: (314) 966-5906	www.yourestatematters.com www.medicaidmissouri.com

Imagine accompanying your daughter, who is 18, to the doctor’s office. You leave the doctor’s office and discover that you forgot to ask the doctor a question. You call the doctor to ask the question only to discover that he will not speak with you. He states, “I’m sorry. All information regarding your daughter’s medical records is confidential.”

You send money to the university for your son’s tuition. It would make sense that you should be able to contact the university and obtain information from your son’s school records. However, if you call the university and attempt to obtain information about your son’s attendance, grades, etc., you will quickly find the school will not share that information with you. Since your son is 18, the information contained in his records is confidential.

It seems like just yesterday your son or daughter was a toddler and you were beaming with pride as they took their first wobbly steps. You have been there for them as they had their first day of school. You were there when they skinned their knee sliding into first base in little league. You helped them learn how to ride a bicycle and watched as they teetered down the driveway, hoping they would not fall (or crash into your car that you had forgotten to move to the safety of the garage). You were there as they grew faster than you ever thought possible. Soon they were driving, as evidenced by a few extra gray hairs on your head. Now, they are reaching adulthood, their 18th birthday.

Of course, your love for them does not end on their 18th birthday. However, the legal landscape does change a bit. Now they have achieved the age of majority and are legally adults. They can make their own decisions, even if you do not agree with them, and you do not have legal rights to make decisions for them. This can present difficulties, especially if they go away to college or travel abroad.

They may have assets that need to be managed while out of town in school or maybe even in the Armed Forces. For example, Tiffany is living away from home and going to school. She has called you to ask that you have her taxes prepared and send the returns in for her. You can request that the taxes be prepared, but you as the parent cannot sign the tax return without authority to do so.

She may also have a checking account and request that you wire her money while she is away. You will not be able to access her account without her consent. CAUTION: You might have your name on her account for convenience purposes. The potential problem with having an account in joint names with Tiffany is that if she overdrafts the account, guess who will be responsible? As a joint owner, you can be held responsible. We do not recommend having assets in joint ownership with anyone other than your spouse, simply because it places all involved at risk.

They might have health care issues. For example, what happens to Tiffany if misfortune puts her in the hospital while off at college or traveling? Because she is no longer a minor, even though she is still a dependent, the doctors or medical institutions may not accept your wishes for her. In addition, you will not be able to obtain information from her doctors or the hospital without written consent. This information is confidential.

Your child’s education records are confidential. For example, if Tiffany is attending a university, you can no longer call the university she is attending and request a duplicate copy of her grade reports or information about her status. This information is confidential, and you can only obtain this information if she has given you written consent. New freedom creates new
temptations and challenges. If Tiffany is cutting classes or involved with drugs or other illegal
activities, you need to be able to find out about it promptly, especially if you are paying the bills.

Purcell & Amen, L.L.C. Introduces the Legal Survival Kit

The problems mentioned are just a few of the instances we simply fail to think about. To avoid such potential problems, Purcell & Amen, L.L.C. introduces to your family the much needed Legal Survival Kit. The legal documents in this customized package include:

· Property Power of Attorney – Authorizes someone to manage the property and financial matters for Tiffany and to obtain vital information about her.

· Health Care Power of Attorney and Advanced Directive – Authorizes someone to make health care decisions for Tiffany if she becomes incapacitated.

· Living Will – Authorizes termination of life support systems if there is a terminal illness.

· Health Insurance Portability and Accountability Act (HIPAA) Form – Provides release of medical information to people Tiffany selects.

You cannot keep Tiffany from growing up, having adventures, or even making mistakes. However, armed with a Property Power of Attorney, a Living Will, a Health Care Power of Attorney, and a HIPAA Authorization form, you can continue to be there for her as she heads off into the adventure that is her life.

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