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Privacy Laws and How to Protect YourYoung Adult
Sending your child off to college is a monumental milestone. Whether it’s your first time navigating this journey or you’ve done it before, the excitement and preparation can be overwhelming. From dorm assignments and packing lists to tips from friends about the best local eateries, there’s a lot to consider. However, one crucial aspect often overlooked is ensuring your child has the necessary legal documents to protect them in case of an emergency.At our law firm, we understand the challenges and nuances of preparing your child for this significant transition. We offer comprehensive services to help you navigate these legal necessities smoothly. And this transition is not just for college-bound kids; its for any young adult over 18.
Why Legal Documents Are Essential for College Freshmen
When your child turns 18, they legally become an adult. This change means that institutions like the bursar’s office and the health center cannot legally share your child’s personal information with you without their explicit permission. Many parents are surprised by this restriction,especially after investing significant sums in their child’s education.To safeguard your child’s well-being and ensure you can assist them in emergencies, certain legal documents are indispensable. These documents include:
● HIPAA Authorization Form● Healthcare Power of Attorney● Durable General Power of Attorney
HIPAA Authorization Form
Why It’s Important
HIPAA, the Health Insurance Portability and Accountability Act of 1996, protects the privacy of an individual’s health information. Without a signed HIPAA authorization form, healthcare providers cannot legally share your child’s medical information with you.
How It Helps
A HIPAA authorization form allows you to receive information about your child’s health status, progress, and treatment. This is particularly critical if your child is unconscious or incapacitated.
Our Services
We can prepare a HIPAA authorization form tailored to New Jersey law or the specific state where your child’s college is located.
Healthcare Power of Attorney,Advanced Directive, and Living Will
Understanding the Terms
These documents, sometimes referred to interchangeably, designate you as your child’s medical representative if they are unable to make their own decisions. While a HIPAA form grants access to information, a Healthcare Power of Attorney authorizes you to make decisions about your child’s medical care.
Real-Life Scenario
If your child is involved in an accident and rendered unconscious, a Healthcare Power of Attorney ensures that you can make informed decisions about their treatment. Without this document, decisions may rest solely with healthcare providers or require a court-appointed guardianship.
Best Practices
It’s advisable to name a single representative with alternates in priority order to avoid conflicts and ensure swift decision-making.
Durable General Power of Attorney
Financial Protection
A Durable General Power of Attorney allows you to manage your child’s financial and legal
affairs if they cannot do so themselves. This includes handling bank accounts, paying bills, signing tax returns, and more.
Why It’s “Durable” and “General”
“Durable” means the power remains in effect even if your child becomes incapacitated. “General” means it covers a broad range of financial and legal activities.
Updating and Validity
These documents should be updated regularly. Financial institutions and hospitals might reject outdated documents, so ensure they are re-executed every couple of years.
Control and Flexibility
Trusts allow you to specify how and when your assets are distributed, providing peace of mind that your wishes will be followed.
Important Considerations
YearlyUpdates
Ensure these documents are reviewed and re-signed regularly to maintain their validity.
Local Acceptance
Verify that institutions in both your home state and the college state accept these documents.
Trust and Communication
Maintain a trusting relationship with your child to ensure they understand the importance of these documents.
Dual Documentation
For out-of-state students, prepare documents under both the home state and college state laws.
Contact Us Today
to ensure your child is legally protected and to gain the peace of mind you deserve. Let us help you take care of these essential preparations so you can focus on supporting your child during this exciting time.