Hamilton Law Blog

The Relation Between Estate Planning & The Back-To-School Season

Posted by Ean P. Hamilton, Esq. | Sep 14, 2023 | 0 Comments

During the typical back-to-school routine, very few people think about estate planning. This may be because many people equate estate planning with end-of-life decisions. However, it is important to recognize that estate planning also helps people prepare for the possibility of being incapacitated. Though it is uncomfortable, anyone with a child leaving for college should strongly consider having a few key legal documents. 

Considering the unexpected turns life can take, taking the correct legal steps can offer you significant peace of mind. Just as one would only send their child to school with the necessary books and supplies, ensuring that families are legally equipped to handle unforeseen challenges is equally critical. This preparedness goes beyond just the context of school but extends to protecting your children and providing a safety net for various scenarios that might arise. The beginning of a school year, marked by renewed commitments and fresh starts, is the perfect time to address this crucial area of family security.

Why the Back-to-School Season Resonates with Estate Planning

As kids transition into adulthood, often signified by heading off to college,  some crucial legal changes come into play, making estate planning unexpectedly relevant.

Central to this is that once a child turns 18, parents no longer automatically have the right to decide on their behalf or even access their medical information. This is due to HIPAA (Health Insurance Portability and Accountability Act) laws. HIPAA laws ensure the privacy of an individual's medical records. While these laws are fundamentally crucial for preserving privacy, they can pose unexpected challenges when a young adult faces a medical emergency.

Imagine a situation where a college student gets into an accident, falls seriously ill and becomes incapacitated. Without proper documentation, parents might find themselves in a situation where they're denied access to their child's medical information and barred from making immediate medical decisions on their behalf. 

This is where a durable power of attorney for healthcare becomes essential. This legal document allows the college student to appoint someone, typically a parent or trusted family member, to make medical decisions on their behalf if they cannot do so themselves. With this in place, the designated individual can step in swiftly during a crisis, ensuring that the student receives timely and appropriate care.

In addition to this document, it's also wise to have a HIPAA authorization form. This document explicitly gives named individuals the right to access the student's medical records, bypassing potential privacy roadblocks.

In essence, while estate planning might seem far removed from the world of college orientations and freshman-year excitement, it is a critical step in ensuring the safety and well-being of young adults as they step into the world of higher education. It's a small preparatory step with potentially significant implications, ensuring that parents can immediately step in if the unforeseen happens, armed with both the legal rights and the crucial medical information they need. 

Hamilton Law, PLC

At Hamilton Law, we're more than just attorneys—we're your guiding hand through these challenging legal decisions. Our team understands and appreciates the complexity of estate planning, especially when it concerns your children. Contact Hamilton Law today to learn how to set up a durable power of attorney for healthcare for yourself or your children. Your first consultation is free. Let's ensure your loved ones' safety and security together.

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