ALISA M. HEEDY AND JEFFREY D. MYTINGER TRUSTS & ESTATES ATTORNEYS | WILLIAMS PARKER ATTORNEYS AT LAW
When a child turns 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 (DPOA)
- A 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 effective 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 (HCAD)
- A 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.
- After an adult child reaches the age of majority,