Just because you are paying the bills doesn’t mean medical professionals or university staff will discuss personal information about your adult child with you. In the eyes of the law, your child is now an adult, and because of state privacy laws, college privacy policies, and HIPAA (Health Insurance Portability and Accountability Act), their privacy will be protected. Here are some examples of things you cannot do for your child without the essential legal documents in place.
Limitations Without Legal Documents
- You cannot approve or decline medical tests or get specific information about their condition.
- You cannot communicate with university staff to obtain information such as their class schedule, list of professors, or grades.
- You cannot handle financial affairs with your child’s bank, utility companies, or landlords.
If you find this information concerning, then you need to ensure your adult children have executed three very important documents to allow you or someone else to help them in times of need.
Essential Legal Documents
1) Healthcare Power of Attorney
A legal document that enables an individual to designate another person to make decisions regarding their healthcare and medical treatment. A healthcare power of attorney becomes active when a person is unable to make decisions or consciously communicate intentions regarding treatments.
2) Durable Power of Attorney
A legal document that enables an individual to designate another person, called the attorney-in-fact, to act on their behalf, even if the individual becomes disabled or incapacitated.
3) HIPAA Authorization Form
This document provides for the release of medical records and permits the authorized person named in the document to talk to doctors so informed medical decisions can be made.
University Resources for Legal Services
We have confirmed that the Student Legal Services departments at Texas Tech University, Texas A&M University, and the University of Texas will help you execute these documents at no additional charge. These are services you are already paying for through your Student Services Fees, so please take advantage of them. The links to each university’s Student Legal Services websites are below. If your child is not attending one of these schools, contact the Student Legal Services equivalent at their institution and request a list of services they provide.
Student Legal Services:
- Texas Tech University: https://www.depts.ttu.edu/sls/services.php
- Texas A&M University: http://studentlife.tamu.edu/sls
- University of Texas: http://deanofstudents.utexas.edu/lss/services.php
Ensuring Readiness and Accessibility
The next step is making sure these essential legal documents are ready and available when needed. We encourage students to carry electronic copies of these documents on an ICE (In Case of Emergency) flash drive attached to their keychain. Parents should also have electronic copies available that can be emailed to emergency personnel at any time.
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This information is not intended to be a substitute for specific individualized tax advice. We suggest that you discuss your specific tax issues with a qualified tax advisor.
The opinions voiced in this material are for general information only and are not intended to provide specific advice or recommendations for any individual. All performance referenced is historical and is no guarantee of future results. All indices are unmanaged and may not be invested into directly.
Securities offered through LPL Financial, Member: FINRA/SIPC. Investment advice offered through BentOak Capital, a registered investment advisor and separate entity from LPL Financial.
