If you have a young adult headed off to college, you may think that you still have the authority to make decisions on their behalf if they need you. However, legally, you may not. Now is the time to put protections into place that allow you to make medical and/or financial and legal decisions for them if problems arise.
We recently sat down with Franklin, TN-based attorney Trent Linville to find out more about legal documents that let you care for your child without sacrificing their autonomy.
Q: What is a power of attorney?
Trent Linville: There are two different Power of Attorney designations. These are medical and durable. A medical, or healthcare, Power of Attorney is a directive that allows an adult to appoint someone to make medical decisions on their behalf if they are unable to do so themselves. A durable power of attorney is a similar estate planning document but, instead of medical decisions, it allows the designated agent to make financial and legal decisions in case of incapacitation.
Q: Can I make general medical decisions for my child with a medical power of attorney?
Trent Linville: No, typically, a Power of Attorney only kicks in if they are unable to communicate their wishes. One example might be if they are injured in a falling accident and are unconscious in the hospital.
Q: Does power of attorney mean I still have custody over my 18-year-old?
Trent Linville: Again, no. All either type of power of attorney means is that you make decisions when they are unable to do so themselves. It does not grant you the authority to control any aspect of your child’s life as long as they are healthy and able to do so on their own, but it enables you to help them should they need it.
Q: How often should we review these documents?
Trent Linville: At least every couple of years. If these documents have not been updated in several years, the medical or other institution reviewing them may look at them with skepticism.
Q: Can power of attorney be revoked?
Trent Linville: Your adult child retains full control over the validity of these legal documents. Power of attorney can be revoked in writing at any time without your consent. If you want to ensure that your child’s best interests are met in case of a tragedy, the best way to do so is by maintaining a loving and trusting relationship with them.
Q: If I am my child’s power of attorney, but I am incapacitated, who makes their decisions should they need help?
Trent Linville: Ideally, you will have a few alternates to act as your child’s registered agents. This might be their other parent, an aunt/uncle, or an adult sibling.
Although your child is legally considered an adult once they reach their 18th birthday, you want to make sure that you have the authority to care for them should they need you. Start the conversation with them early about their wishes should there be an emergency. It is not always a pleasant conversation, but it’s one that’s necessary to ensure their wishes are honored and that their health and finances are maintained when they cannot take care of themselves.
The Law Office of Trent Linville is located in Franklin, Tennessee, just outside of Nashville. The office provides legal and estate planning services to families and individuals throughout Middle Tennessee, including those in Franklin, Brentwood, Nolensville, Spring Hill, and Columbia.