estate planning for everyone

Once you are 18, you are an ADULT! Along with adult privileges comes adult responsibilities. At 18, your parents are no longer entitled to your medical information, even though the age range between 18 and 24 make up 21% of the population who visit the Emergency Room one or more times within the year – second to only those age 65+ according to “Health, United States 2019” published by the CDC. With your heightened chances of visiting the ER during this age range, it is crucial that you put your health care related wishes into writing. 

Now that you are a legal adult, your doctors cannot tell your parents ANYTHING beyond the minimally necessary information. Think about it... your parents will be left in the dark about your health status and could be treated like complete strangers as they rush to the hospital in panic... unless you complete this critical estate planning document: HIPAA Release.

• HIPAA Release - We have all heard of HIPAA and Doctor/Patient Confidentiality. But how do HIPAA laws impact your family after a child turns 18? At 18, the Health Insurance Portability and Accountability Act (HIPAA) prevents your physicians from discussing your medical information with anyone you have not listed in your “consent to treatment” authorization form upon arrival. While doctors are allowed to use their discretion on who they discuss your medical information with if you were unable to complete the “consent to treatment” authorization when you arrived, your doctor is only allowed to provide the “minimum necessary” information to them. In order to circumvent HIPAA restrictions and guarantee your parents are fully informed, you need to complete a HIPAA Release. This document will allow a trusted individual of your choice, like your parent, to obtain your medical information from a health care provider and avoid the dramatic situation outlined above. 

While the HIPAA release will allow your parents to be informed on your health status, they still will not be able to act on your behalf. Therefore, it is highly recommended for you to complete both your Declaration to Physicians (Living Will) and Healthcare Power of Attorney (Healthcare POA) to state your health care wishes to your doctors and ensure that you have a trusted individual making your health care decisions when you cannot.

• Declaration to Physicians (Living Will) - Rather than leaving your medical wishes up to your doctor or family’s discretion, put it into writing. Essentially, you will declare your wishes to physicians on certain treatments and whether you would like to receive such treatments. Would you like heroic measures to be taken? What about life sustaining measures or life-support? Guarantee your wishes are respected by completing your Declaration to Physicians.
• Healthcare Power of Attorney (Healthcare POA) – Complimenting your Declaration to Physicians, a Healthcare POA will allow you to assign someone as your healthcare representative to make medical decisions when you are incapacitated or cannot do so yourself. Along with your doctors, your assigned healthcare representative can follow the guidance of your Living Will to make healthcare decisions that honor what you would agree with.

If you change your mind down the road, no worries! All 3 of these documents are revocable (so you are not tied to the declarations of these documents for life). Just let your attorney know and they can always revisit your documents to honor your current wishes. As those between 18 and 24 years old are the second most likely demographic to be sent to the Emergency Room, you are urged to complete your HIPAA Authorization, Declaration to Physicians and Healthcare POA. Call Konstantakis Law Office at (414) 427-6181 to stay on track with your Estate Planning timeline.