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Health & Fitness

Is Your "Baby" an Adult Now?

Now that the ceremonies are over and the festivities have died down, it’s time for parents of high school graduates to face the cold, hard facts: your “baby” is all grown up and ready to transition into the real world.

It’s also important to remember that once your child turns 18, you lose the legal ability to make decisions for your child or even to find out basic legal, financial or health care information.

Like most parents, you may be surprised to learn that if your 18 year old “child” had a medical emergency while away at school without the proper legal documents in place, you may not be able to speak to the doctors. Instead you would have to go to court and ask a Judge’s permission to obtain information about your own child’s medical condition or to be able to make decisions about their treatment.

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Here is a list of legal documents that allow anyone, including a young adult, to name another person to make medical and financial decisions for them, if they are unable to make them for themself. These documents are not costly to prepare, and everyone 18 years of age or older should have them.

You should set an appointment with your estate planning attorney soon after your child’s 18th birthday and encourage other parents to do the same for their young adults.

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* A Heath Care Proxy (for health care matters) gives another person legal authority to make health care decisions (including life and death decisions) for your child, if necessary.

* HIPAA Authorizations give your child’s doctors permission to discuss their medical situation with trusted family members who have been specifically authorized. The Health Insurance Portability and Accountability Act protects your child’s privacy by limiting who can look at their medical records. This form authorizing others to review your child’s medical information easily skirts that issue.

* A Durable Power of Attorney (for legal and financial matters) gives another person legal authority to manage your child’s finances without court interference, if necessary. That could even include semesters your child spends studying abroad. It also gives the named agent the ability to speak with an employer or social security or even pursue a lawsuit on your child’s behalf.

David Feakes is a Personal Family Lawyer® for families in the Acton area.  David helps parents protect the people they love the most. For more information, contact David at (978) 263-6900 or david@feakeslaw.com. If you would like to receive David’s exclusive, free report, "Six Major Mistakes To Avoid When Choosing An Estate Planning Attorney," please visit http://feakeslaw.com.

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