In short, when reaching eighteen years of age, every young adult needs to carry out an Advanced Medical Directive and a Durable Power of Attorney. These documents enable the teen to name their parents or another legal adult to act on their behalf, in the case that they become incapacitated for whatever reason.
For parents, just thinking about their children going through a medical emergency that leaves them unable to make their decisions on their own in regard to medical care is inconceivable. Nevertheless, a lot of parents don’t realize that after their children reach the age of eighteen, parents lose their legal right to manage their medical care, accessibility to their children’s health records, and manage their children’s financial affairs. This issue is simply fixed through the correct carrying out of an Advanced Medical Directive and Durable Power of Attorney.
What is an Advanced Medical Directive (AMD)?
Advanced Medical Directives serve 2 primary functions: It enables the creator (the eighteen -year-old) to specify instructions for their care if they come to be incapacitated or are facing an end of life situation, and it names a trustworthy adult to take the role as the medical power of attorney. It usually comprises of information in regard to being an organ donor and making the decision if their life should be prolonged by artificial means. It also enables the agent (parent) the ability to handle medical care, address treatment alternatives with medical professionals, and access personal medical records. Each AMD should comprise of a HIPAA Waiver, in which enables access to medical records under protection of the federal American Health Insurance Portability and Accountability Act. To be thought of as valid in the Arizona, AMDs needs to be signed with two witnesses present, but is not required to be notarized.
What is a Durable Power of Attorney?
A common Durable Power of Attorney (POA) is a legal document that names a trusted individual to administer your financial affairs should you become incapacitated. This enables your agent straightforward (and legal) access to financial institution accounts, financial, credit card and property records, and all other types of accounts. The agent is liable for paying bills, rent, and managing any other required financial transactions. Authentic POAs in Arizona need be notarized.
Am I going to need an attorney to devise an AMD and POA?
You don’t need an attorney to devise your AMD and POA. A lot of universities will send out structured forms for the documents as a part of their enrollment paperwork. Nevertheless, it is important to guarantee the forms are current, compliant in accordance with state law, and comprises of all of the required factors. Most important, the documents need be properly carried out. Localized estate planning attorneys have up to date guides and can devise the documents, go over the conditions, and supervise the correct carrying out of the documents for a small fee.
Where are the documents held?
In case of emergencies, following the documents being prepared, they should be easily accessible. Teens should keep the originals where they live, wherever they may be, and let their parents know how to access them. Additionally, parents should probably have a copy too. Some teens even keep extra copies in their vehicles glove box. A lot of universities additionally retain copies of the forms as a part of students’ medical files at campus health service centers. Make sure to check with your university and see if this is an option.
Clearly, parents hope their young adult will hopefully never need their AMD and POA, but for peace of mind and safety, they should put this on their priority list before their young adult moves out.
Arizona Family Law
There’s nothing better than the peace of mind you will have knowing you’ve protected your family at a time when they need it most. Let us help. Schedule a consultation or contact Ogborne Law, PLC of Arizona today.