Who Makes Medical Decisions for Your College Student?

Sending a child off to college comes with plenty of changes. For many parents, it's the first time their child is making important decisions without their day-to-day involvement.

But what happens if your college student experiences a medical emergency and cannot make decisions for themselves?

Once your child turns 18, they are legally an adult. That means parents no longer automatically have the same authority to access medical information or make healthcare decisions on their behalf.

Your child may even have named a friend or significant other as their healthcare decision-maker without fully understanding what that responsibility involves.

Understanding how healthcare directives work can help both parents and young adults prepare for unexpected situations.

What Is a Healthcare Directive?

A healthcare directive is a legal document that allows an individual to name someone to make medical decisions on their behalf if they become unable to do so themselves.

In Minnesota, the person appointed to make these decisions is known as a healthcare agent. This individual may be responsible for communicating with medical providers, considering treatment options, and making important healthcare decisions based on the individual's wishes.

A healthcare directive can also include instructions about medical care and treatment preferences.

It's important to understand that a healthcare directive is different from a Health Insurance Portability and Accountability Act (HIPAA) authorization. A HIPAA authorization allows designated individuals to access certain medical information but does not, by itself, give them authority to make healthcare decisions.

Without the appropriate documents, parents may face limitations when trying to obtain information or assist with medical decisions during an emergency.

What If Your Child Names a Friend Instead of a Parent?

College is a time when friendships and relationships can develop quickly. Your child may feel more comfortable naming someone who lives nearby or understands their day-to-day life.

While that decision may make sense at the time, it's important to consider whether the person is prepared to take on such a significant responsibility.

Would they feel comfortable making difficult medical decisions? Do they understand your child's wishes? Would they know how to contact family members during an emergency?

Relationships can also change. A close friend or significant other today may no longer be part of your child's life a year from now.

A healthcare directive generally remains in effect until it is properly changed or revoked. Simply ending a friendship does not automatically remove that person's authority.

Fortunately, an adult child can generally update their healthcare directive as their circumstances and relationships change, provided they have the legal capacity to do so.

How Parents Can Help Their College Students Prepare

Although parents may no longer have the same legal authority they once did, they can still play an important role in helping their children prepare for emergencies.

Start by asking whether your child has completed a healthcare directive or HIPAA authorization. Rather than insisting on being named, encourage them to think carefully about who would be best suited to make decisions if they were unable to do so.

It's also worth discussing the importance of naming an alternate healthcare agent. If their first choice is unavailable or unwilling to serve, having someone else designated can help avoid uncertainty.

Encourage your child to review these documents periodically, particularly after changes in relationships, living arrangements, or other major life events.

College breaks and family visits can provide a natural opportunity to have these conversations without making them feel overwhelming.

Estate Planning Isn't Just for Older Adults

Many young adults assume estate planning is something they won't need to think about for decades. However, certain documents become important as soon as someone turns 18.

A healthcare directive is one of those documents. A financial power of attorney may also be worth considering so someone they trust can handle certain financial matters if they become unable to do so.

These documents aren't about taking away a young adult's independence. They're about making sure their wishes are understood and that someone they trust has the appropriate authority if an unexpected situation arises.

At Wagner Oehler, Ltd., we help individuals and families prepare for life's important transitions, including the legal responsibilities that come with adulthood. Taking time to establish the right documents now can provide clarity and peace of mind for everyone involved.

Take the Next Step

If you’re ready to start being proactive about your estate plan and want guidance tailored to your family, assets, and goals, contact Wagner Oehler, Ltd. to get started.

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