Legal Documents Needed When Your Child Turns 18
Legal documents to be prepared by parents when their kids with special needs turn 18 were the subject of guest blogger Kathy Guzzo’s series earlier this year. (Part 1: The Importance of Attorney and Medical Authorizations and Part 2: The Importance of Power of Attorney for Property) But an article at the Chicago Daily Herald website that explained the importance of having similar legal documents for typical kids really opened my eyes.
Legal Documents Needed
The attorney interviewed for the article suggests preparing the following documents:
- Durable Powers of Attorney for Health Care—with appropriate HIPPA provisions
- Durable Powers of Attorney for Property—to ensure that you have the legal right to obtain information and make decisions for your child if their child becomes incapacitated
- In Case of Emergency (ICE) Card—lists the names of all approved emergency contacts, health insurance information, and all known allergies
Legal Document Purpose
The attorney explains why legal documents are needed once our children reach legal adulthood. “Privacy laws can prevent parents from getting the necessary medical information or speaking with the doctor, let alone making medical decisions for their adult children…Without these documents in place, parents could be helpless spectators of the child’s care if they are incapacitated and unable to speak for themselves.”
The second half of the article explains what other documents should be in place for adult children with special needs. The list is very similar to what Kathy Guzzo listed in her series and in my book, Different Dream Parenting. You can read the entire Chicago Daily Herald article at this link: Your Teenager Is Now an Adult, but What Does That Really Mean?
What Do You Think?
I never thought about making sure those papers were in place when my kids turned 18. Thankfully we never needed them, but I shudder to think what would have happened in case of a medical emergency. How about you? What did you have in place for both your special needs and typical children when they turned 18? Please leave a comment.
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By Jolene
Jolene Philo is the author of several books for the caregiving community. She speaks at parenting and special needs conferences around the country. Sharing Love Abundantly with Special Needs Families: The 5 Love Languages® for Parents Raising Children with Disabilities, which she co-authored with Dr. Gary Chapman, was released in August of 2019 and is available at local bookstores, their bookstore website, and Amazon. See Jane Dance!, the third book in the West River cozy mystery series, which features characters affected by disability, was released in October of 2023.
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You’re welcome, Kathy. You came immediately to mind when I read the article.
Jolene
What a wonderful way to help your son be as independent as possible. The notebook is a great idea.
Jolene
Our son was totally incapacitated with Spinal Muscular Atrophy. When he turned 17 we started the process of filing for legal guardianship to begin on his 18th birthday. The lawyer drew up the papers and we had to appear before a judge to have this take effect. Due to HIPPA, this was our best way to keep him at home and provide for his medical needs without the interference of the state. To see and be involved in his medical care, I had to provide a copy of the guardianship papers to the hospital and home health agency. At 18 his SSI began, so I helped him open a bank account for this use only. We kept a journal for each month. Each month he wrote a check for rent to us. He paid for his own medical copays, expenses and fun outings. He had to use all of his SSI check each month. This allowed him to qualify for home health medical assistance that was necessary to keep him out of the hospital. He also got a photo id card and registered to vote. He signed up for selective service, too. He was very proud of these adult activities.
This was great information to share. I have encouraged many of my friends to have these documents prepared when their children reach the age of 18, because they don’t understand they have no legal authority without them once they reach that magic age.
From a legal standpoint, if a tragedy does happen to a child that’s reach 18 without a power of attorney, legally it’s then up to the doctors and the courts to make the decisions.
Another thing to remember is that the Powers of Attorneys can be used even if the child isn’t incapacitated, to discuss medical bills, bank accounts, loans, even to obtain college information, etc. The provider/business would just need a copy of the POA.
Thanks for keeping families informed, Jolene.