Why College Students Need Estate Planning

A Phone Call No Parent Wants to Receive

I have a client who several years ago got one of those phone calls no parent ever wants to get.

Her daughter, Susie, was a freshman at a college in upstate New York. She had graduated in the top 10% of her class of her high school on Long Island. That is where she grew up and where her parents lived.

A few months into her first year away at college, she was doing very well and had made several new friends. However, one of Susie’s friends called her parents to let them know that Susie was in a pretty bad car accident.  The friend told them that Susie was in the hospital. However, she wasn’t sure how Susie was doing.

The parents, incredibly shaken by the news, called the hospital (which was some 6 hours away) to inquire about Susie.

Why Her Parents Couldn’t Get Medical Information

However, Susie was 19 years old. In the eyes of the law, she was an adult who has to give permission to speak to others about her care or other medically related needs.  Unfortunately, Susie had not given such consent previously. Nor was she able to do so at that time.

Susie did not have a HEALTH CARE PROXY!

Why Every Adult Should Have a Health Care Proxy

Of course, she didn’t have a health care proxy.  Why would a 19-year-old, perfectly healthy young woman, need a health care proxy?

Well, this story explains one reason why everyone age 18 and older should have a health care proxy.  The proxy is a legal document. In it, you can name someone to make health care decisions for you, including getting medical records and information.

This applies if you become unable to make such decisions for yourself.  You can (and should, if possible) also name an alternate agent. If your primary agent is unable or unwilling to make those decisions for you, the alternate can step in.

A Must-Have Document for College Students and Young Adults

As soon as possible after your child turns 18 (and is no longer considered a “child”), you should ask them to execute a Health Care Proxy.  Whether they are going away to school or staying at or near home, there really is no reason to not have such an important document.

If you would like to speak with an experienced elder law attorney regarding your situation or have questions about something you have read, please do not hesitate to contact our office at 1 (800) 680-1717. We look forward to the opportunity to work with you.

Disclaimer: The information provided above is for general informational purposes only and is not legal advice.