Okay, raise your hand if you’re are parents of kids with special needs under the age of 18?
Now, raise your hand if you hope to one day be parents of kids with special needs over the age of 18?

Uh-huh, that’s what I thought. Almost all of you raised your hands both times. Which means today’s post by guest blogger Kathy Guzzo is a crucial read for all of you. Even if your child is a babe in arms now, one day you’ll be glad you know what to do to guide your child with special needs into adulthood.

Special Needs Power of Attorney & Medical Authorizations

Just weeks before entering her freshman year of college our daughter was diagnosed with Systemic Lupus and a few months later Epstein Barr Replication. Both caused severe complications in the years to come. Having worked in an attorney’s office for years, I knew the importance of powers of attorney for property and healthcare (also known as Living Wills), for myself, but it was through trial and error I learned how imperative it was to have them for my children as soon as they turned 18 years of age, especially when dealing with medical conditions.

Why is a Special Needs Power of Attorney Needed?

The purpose of a power of attorney for healthcare is to allow the designated party access to information regarding the person’s personal health information from diagnosis of an illness to clarifying billing information and even contacting the health insurance company. According to The Health Insurance Portability and Accountability Act (HIPAA) regulations, as soon as a child turns 18 it is unlawful for any medical provider to release information on that child to anyone other than the patient, unless a power of attorney is on file.  I should note that some providers might require their own medical authorization signed by the patient even if there is a valid power of attorney. This isn’t necessary, but for many offices it’s policy. Our daughter solved the question of what document to use when, by taking a copy of her power of attorney to her first appointment with a doctor and then asks at that time to sign a medical authorization.

When to Use a Special Needs Power of Attorney

There’s been many times in our daughter’s lengthy illness that I have needed access to medical information, thus having to utilize the power of attorney such as:

• To schedule and/or verify any type of medical appointment.
• To obtain an update on medications.
• To discuss with nurse and/or doctors comments, instructions, test ordered, etc.  made by a doctor during a recent visit, especially when I was unable to attend because of scheduling and/or logistics. There were times Andrea was overwhelmed by information she was given and with her college schedule she was extremely busy so it was helpful to both of us that I could call for explanations.
• To ask about a new symptom or possible reaction to medication.
• To obtain information via telephone when she was hospitalized.
• To obtain copies of any records and test results.
• To be able to discuss a charge or balance of a medical bill with the billing department because even though Andrea was still on our insurance, when she turned 18 the bills were in her name so the provider wouldn’t discuss it with me without a power of attorney or a signed medical authorization from their billing department.
• To be able to discuss Explanation of Benefits (EOB) with a customer service representative. It’s highly beneficial to understand the insurance policy’s benefits, copays, network, etc. when making these calls.

There may still be times when the office representative won’t be cooperative or understand the reason a parent is calling for an adult child. In fact, I once had an employee in a billing department actually say, “It must be nice for your 23 year old daughter to have you handle her bills”. My first reaction was to tell her she had no idea all that Andrea deals with on a daily basis, but instead I ignored the comment and got back to the issue at hand. I had the necessary documents and she was obligated to give me the information requested.

Special Needs Power of Attorney Is Priceless

For a young adult trying to figure out life and all the responsibilities that go along with it is tough. But for a young adult with a chronic illness everyday life can be overwhelming because of all that’s involved in managing their illness while not feeling well. That’s why I was glad Andrea had signed the necessary documents not only for an emergency health situation, but so I could help alleviate some of the stress caused by medical bills and constantly dealing with health insurance approvals, denials, wrong coverage, etc. Having powers of attorney prepared by an attorney is relatively inexpensive, yet the value they are to the parents of a chronically ill adult child is, as they say, “priceless.”

What Do You Know about Special Needs Power of Attorney & Medical Authorizations?

Whoa, do you need some time to absorb everything Kathy had to say? Do you have questions you want to ask? Similar experiences to share? In any case, leave a comment to join this important discussion.

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