Once a child becomes an adult under the law (18 in the state of Missouri), they have privacy rights. This means that parents lose access to private information. This can have dire consequences if your college student is involved in an accident or gets seriously ill, explains the article “Navigating The Transition To Adulthood: A Legal Guide For Parents” from mondaq. With proactive steps, parents can address these situations before they occur.
Your College Student’s Health
Whether or not your insurance covers your child’s healthcare doesn’t matter. Without a Healthcare Power of Attorney, parents cannot make medical decisions, speak with healthcare providers, or talk with the health insurance company. Parents are strongly urged to have their college-bound student complete a Healthcare Power of Attorney.
If there is no Power of Attorney and the child becomes incapacitated (i.e., physically unable to make decisions for themselves), parents will have to go to court to be able to make medical decisions for their child. In Missouri, this legal process is called a guardianship. Hospitals and healthcare providers are extremely strict about following these rules to avoid litigation and fines. No matter how bad the situation is, don’t expect any rules to be bent.
Your adult child should also have a Medical Directive (aka Living Will). This is a document controlling decisions about end-of-life. It only becomes effective when a person is in a state of permanent unconsciousness, like a coma, or if they are terminally ill. The student uses this document to express their wishes concerning care: do they want to be artificially fed, hydrated, or kept alive by extraordinary means? Do they want to become an organ donor? This document conveys their wishes and can save the family an unimaginable amount of added stress during a trying time.
Your College Student’s Finances
A Durable Power of Attorney for Finances is used to name a person, known as an “agent” or “attorney in fact,” to act on their behalf. The agent can take care of legal and financial matters. This is needed in case of incapacity so the parent or trusted person may deal with financial institutions, colleges, courts and any other company or organization on behalf of the student. Without it, parents cannot access account information or act on the student’s behalf.
Does your student need a Will? Our estate planning attorneys can help them answer this question. Depending on their situation, if the student owns a car, has a bank account, an inheritance, or sizable cryptocurrency accounts, they may need a Will. Reach out to us today to have us meet with your adult child to answer these questions and work with them to solve these issues.
The documents mentioned above should also be in place for parents. If parents don’t have a Will, Power of Attorney for Finances, Healthcare Power of Attorney, Living Will and Trust, their newly minted adult will have a lot to deal with if the parent should die unexpectedly. A visit to the estate planning attorney for all generations is a good idea, we regularly work with the whole families to put plans in place.
Book a call with us today to get your plan started. Our attorneys are licensed in Missouri and our law firm services all of the St. Louis Metropolitan Area. We are especially convenient for estate planning in Clayton, Brentwood, Des Peres, Frontenac, Glendale, Webster Groves, Kirkwood, Ladue, Maplewood, Olivette, Overland, Richmond Heights, Rock Hill, Shrewsbury, Town and Country, Creve Coeur, Affton, Crestwood, Sappington, Sunset Hills, Maryland Heights, University City, Warson Woods, and St. Louis City.
Reference: mondaq (June 24, 2024) “Navigating The Transition To Adulthood: A Legal Guide For Parents”
