The Importance of Your Adult Child Naming a Healthcare Surrogate and Power of Attorney
By: Jacqueline R. Bowden Gold, Miami Estate Planning Attorney
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When a child turns 18, they reach the legal age of majority. While they may still be living at home and supported by you, your child is considered an adult creating legal limitations for parents who, until this point, have been actively involved in their child’s healthcare and financial decisions. In Florida, once your child turns 18, you no longer have the automatic legal right to make important decisions on their behalf unless specific legal instruments are in place. Two of the most important legal documents that protect your ability to assist your adult child are the healthcare surrogate designation and power of attorney. These legal tools ensure you can continue to provide crucial support in matters of health and finances, especially in emergencies.
I recently had a client share their story of their adult soon going into the hospital with appendicitis. The doctors would not allow them to be present in the room as they provided medical updates to their child. While this is probably not the norm, why risk it?
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Here are why the 2 documents are so important:
1. Healthcare Surrogate
A healthcare surrogate is a legal designation in which an adult (your child, after turning 18) names another person to make healthcare decisions on their behalf in the event they are unable to do so themselves. In Florida, this is a crucial document for anyone over 18, as it ensures a trusted person can step in during medical emergencies or incapacity.
Why It Matters:
- Loss of Parental Authority at 18: After turning 18, a child is considered a legal adult. This means that, regardless of the parent-child relationship, you are no longer legally able to make healthcare decisions for them without explicit authorization.
- Emergency Situations: Accidents and sudden illnesses can happen at any age. If your child is involved in a car accident, for instance, and is rendered unconscious or otherwise unable to communicate, doctors may be unable to consult with you about their treatment unless you are named as their healthcare surrogate.
- HIPAA Restrictions: Without a healthcare surrogate designation, you may also face obstacles accessing your child’s medical information due to HIPAA (Health Insurance Portability and Accountability Act) laws, which protect the privacy of patients’ medical information. A healthcare surrogate designation can grant you access to this information, ensuring that you are fully informed about your child’s condition and treatment options.
2. Power of Attorney (POA)
A power of attorney is another essential legal document for your adult child. It grants someone the authority to handle financial or legal matters on their behalf if they are unable or choose not to do so themselves. This can include managing bank accounts, paying bills, handling taxes, and other important tasks.
Why It Matters:
- Managing Finances in Crisis: In a situation where your child is incapacitated, a power of attorney allows you to step in and manage their financial affairs. Examples are paying their rent, handling their insurance, or managing their student loans.
- Avoiding Guardianship Proceedings: Without a power of attorney, you may be forced to pursue legal guardianship if your child is unable to manage their finances. Guardianship is a time-consuming, expensive, and often stressful legal process. Establishing a POA while your child is healthy can avoid this scenario and ensure that you can act quickly if needed.
- Assisting with Routine Financial Matters: Even in non-emergency situations, a POA can be useful. For example, if your child is studying abroad or deployed with the military, having a power of attorney in place allows you to handle their financial matters while they are away. It also provides a safety net if they need help managing their accounts or assets at any time.
How We Can Help Set Up a Healthcare Surrogate and Power of Attorney in Florida
Though it can be hard to imagine a time when your child might be unable to make their own decisions, it is crucial to plan for the unexpected. The legal realities of turning 18 mean that your parental role shifts significantly. Having a healthcare surrogate and power of attorney in place is about protecting your child’s well-being and ensuring that you can still play an active, supportive role in their life, even in moments of crisis.
In Florida, both a healthcare surrogate designation and a power of attorney must be created with legal documentation. The forms for a healthcare surrogate are available online, but it’s often beneficial to consult with an attorney to ensure that all of the details are correctly handled, and the documents are legally binding. For a power of attorney, Florida law requires specific formalities for the document to be valid, including the signatures of both the principal (your child) and two witnesses, and it is recommended that it be notarized. Consulting a Miami Lakes Estate planning attorney is essential to ensure the Power of Attorney meets all the requirements under Florida law. For more information on estate planning, contact attorney Jacqueline R. Bowden Gold at (305) 556-5209 or by email JBowden@raricklaw.com.
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