Parents can lose decision making power for children in emergencies

RIO GRANDE VALLEY, Texas (ValleyCentral) — In a medical emergency, parents whose children have turned 18 may not be able to legally get information or make decisions about their health care.

According to Ricardo Barrera, of the Barrera Law Firm in Harlingen, “It’s important that parents know that Medical Power of Attorney is necessary to act for, or on behalf of another, for medical purposes.”

Barrera said the Medical Power of Attorney form isn't the only health-related form parents or guardians should consider getting or might need. “Additional to the Medical Power of Attorney, it would be good for parents who are managing young adults to get HIPAA release forms.”

Barrera explained these forms allow parents to access medical records and help in the transition between adolescence and adulthood. Parents would hold on to a copy of the paperwork and share them with medical professionals to create a legal paper trail.

Forms can be accessed online and printed out. “The forms are not complex. They’re pretty straightforward. They’re all written in pretty plain English. But at the end of the day, it’s helpful to get attorneys to explain those forms, because the medical providers themselves don’t always have all of the legal aspects of why and how those forms exist”, Barrera said.

Adult children can disagree on what information is made available to the adults in their lives, with the HIPPA forms also providing limitations on what parents can access.

Barrera recommended children should also speak with an attorney to get clarification. “Those young adults need to know what those rights are too, so they have informed consent on exactly what they’re agreeing to.”

If an adult child becomes incapacitated and can't consent to treatment, Barrera said parents may have to apply for a temporary guardianship with county. He said, “And that’s only if they are incapacitated, which is verified by the courts, with numerous safeguards.

Medical experts have noted not having this paperwork filled out doesn't necessarily shut parents and guardians out of the decision-making process. They can use what's called, "substitued judgement" in some cases, as long as decisions are deemed to be in the patient's best interests.