College Prep Checklist: Don’t forget advance directives for your adult child
It’s that time of year – the fall semester will begin before you know it and young adults will be leaving home and headed to campus. Whether it is your child’s first semester in college, or they are returning for another year, it is important for your child to have their advance directive documents prepared in case of an emergency. While you may not think of your 18-year-old college student as an adult, Florida law states that they have reached the age of majority and are entitled to and responsible for making their own legal and medical decisions.
When children become adults and leave home for the first time, parents often forget that they no longer have legal authority to access their child’s accounts or health records, and are no longer entitled to make decisions for their child as a legal guardian. A solution for this sudden change is to talk to your child about selecting a Power of Attorney and surrogate for health care decisions if they are incapacitated.
Having a durable power of attorney in place for your adult child in college may be especially beneficial to your child. For example, it allows parents to file tax returns, and to pay bills or invoices naming only the child as the responsible party. A party named as an agent under the durable power of attorney will be able to act on behalf of covered party in all a wide array of financial matters. If an adult child becomes incapacitated and does not have a durable power of attorney in place, a time-consuming and costly process will be required for the court to appoint a party to act as an agent.
Our office recommends two health care advance directive documents: a designation of health care surrogate, and a living will. The health care surrogate authorizes a party to make health care decisions; however, the child’s decisions will supersede for as long as the child has capacity. The living will declaration states that a person would not like to be kept alive by heroic measures if there is not a chance of recovery.
It is your adult child’s decision who to select for their power of attorney and health care surrogate. We would recommend young adults choose a parent or caregiver for a few reasons: (1) Parents already have knowledge of their child’s finances and can easily step in; (2) Parents are available and willing to take on the role of agent or surrogate; and (3) Parents understand the duties and responsibilities that come with being an agent or surrogate.
If you or your child are interested in completing advance directives or have questions, please contact our office to schedule a meeting and we will be happy to work with you to accomplish your goals.
