Michael C. Craven Recommends Health Care Forms for Children Over 18

Minors-Healthcare-Divorced-Parents

Medical-Release-Forms-for-Children

For many parents, this part of the summer is marked with getting their kids ready to start or go back to college. With two daughters going off the college this fall, I am aware of the long lists of tasks and purchases our college-bound children create.

If you are anything like me, you probably still consider your children mere kids. However, as a Chicago family law attorney I know that our kids are legally emancipated adults. As such, they have certain rights and protections. Included in these rights is the power to make their own healthcare decisions and to be protected from the unauthorized release of their healthcare information. Since many of our children still want our input into their healthcare, it is wise to consider adding two things to the “to-do” list before your kids are off to school.

First, your emancipated child should have a Healthcare Power of Attorney, as should you and most adults. The Power of Attorney can designate you to make healthcare decisions on behalf of your child if he or she lacks the capacity to do so.

Second, you should have your child execute a Release under the Health Insurance Portability and Accountability Act (“HIPAA”). Without it you will be unable to communicate with your child’s doctors or act on their behalf in any manner. For example, I went to pick up my daughter’s X-Rays and I was told they could not be turned over to me. I produced my daughter’s Release and the records were instantly provided to me.

These two forms are not overly complicated and samples are readily available. However, if you have questions about them or prefer to have them prepared by an attorney at a reasonable cost, please contact me at mcraven@harrisonheld.com