When a child reaches the age of 18,
a parent’s access to the adult child’s
financial, medical, and academic records
and information is usually cut off. There
are four forms an adult child can consider
executing, depending on the circumstances,
and such forms should be executed as soon
as possible. If an adult child suffers from an
injury, illness, or incapacity without such
forms in place, it can be challenging and
costly to appoint agents or fiduciaries.
Durable Power of Attorney
- A Durable Power of Attorney (DPOA)
designates an agent to handle an
individual’s financial affairs if the
individual is incapacitated or unable
to manage his or her own affairs
effectively.
- Under Florida law, a DPOA is effective
immediately upon execution and
remains in effect until the individual’s
death or until the DPOA has been
properly revoked.
- An adult child can designate a parent
to manage his or her finances, such
as paying for tuition, fees, room and
board, car payments, or taxes.
Health Care Advance Directive
- A Health Care Advance Directive
(HCAD) allows an individual to
designate an agent to make health care
decisions for the individual if he or she
is incapacitated. An individual can also
give consent to organ donation.
- A HCAD can include a Living Will.
A Living Will states the individual’s
wishes with respect to the use of lifeprolonging procedures in the event
of a terminal illness, an end-stage
condition, or a persistent vegetative
state.
- A HIPAA waiver can also be included
in the HCAD.
- An adult child can designate his or her
parent to make health care decisions
on the adult child’s behalf if he or she
becomes incapacitated due to serious
injuries or illness.
HIPAA Waiver
- After an adult child reaches the age of
majority, his or her medical records
and personal health information are
protected under the Health Insurance
Portability and Accountability Act
(HIPAA).
- A HIPPAA waiver allows an
individual’s health care information to
be used by or disclosed to a third party.
- There are many different versions of
HIPAA waivers. An adult child can
execute a general HIPAA waiver or one
that is specific to a medical provider or
educational institution.
- An adult child can grant his or her
parent access to medical records
and personal health information by
executing a HIPAA waiver.
FERPA Waiver
- FERPA stands for the Family
Educational Rights and Privacy Act
of 1974 (FERPA) and is in place to
protect a student’s privacy and access
to academic records.
- A FERPA waiver allows an individual’s
academic records to be released to a
third party.
- There are many different versions of
FERPA waivers. An adult child should
check with the educational institution
in which he or she is enrolled.
- An adult child can grant his or her
parent access to academic records by
executing a FERPA waiver.
This is not intended to provide legal
advice.
This information is not an invitation
for an attorney-client relationship. You
should seek legal counsel for any questions
you may have.
Alisa M. Heedy can be reached at aheedy@
williamsparker.com or 941-552-2569
Jeffrey D. Mytinger can be reached
at [email protected] or
941-536-2039
