Pencils, Papers, and Patient Advocates for College Students

Fall is approaching and many young adults are headed off to college to begin a new phase of their life. College preparation now includes more than pencils and paper – now you need phones, computers and . . . patient advocate/medical durable powers of attorneys! As these children transition into adulthood, new legal and medical responsibilities come into play. One significant yet often overlooked document is the medical durable power of attorney in which an adult names another adult to be their patient advocate. In Michigan, once a child turns 18, a parent no longer has the ability to make medical decisions for the child, even in cases of emergencies. In situations where an adult child does not have a medical durable power of attorney, parents may be forced to attend court to appoint a guardian for their adult child in order to make the necessary medical decisions. A guardianship proceeding is costly and lengthy and can be avoided by having your attorney draft a medical durable power of attorney. A medical durable power of attorney allows for the adult child’s chosen representative to make medical decisions when they are unable to do so, ensures that the adult child’s medical wishes are adhered to, avoids family disputes regarding medical treatments, and gives parents peace of mind. 

The Ability to Make Medical Decisions in Cases of Incapacity 

In Michigan, once a child turns 18, they are legally considered an adult, and parents no longer have an automatic right to make medical decisions for their adult child. A medical durable power of attorney grants a parent or other trusted individual the authority to make critical healthcare decisions when the adult child is incapacitated and unable to make medical decisions for themselves. Without a medical durable power of attorney, a parent will not be able to make medical decisions for their adult child and, in an emergency situation, may be forced to attend court to have a guardian appointed for the adult child. This can cause serious delays in getting medical care for the adult child. 

Importantly, the medical durable power of attorney will not grant parents the power to make medical decisions or see medical records immediately. Medical durable powers of attorney are only effective once the patient is incapacitated and unable to make medical decisions for themselves. Once the patient has capacity, the power to make medical decisions or see medical records is no longer effective. 

Ensures Adherence to the Adult Child’s Wishes 

A medical power of attorney allows the adult child to designate a trusted person to act on their behalf and document their wishes regarding certain treatments, surgeries and end-of-life care. After designating a trusted person to be their medical power of attorney, the adult child should have a discussion with their medical power of attorney about their preferences in emergencies. This includes their preferences regarding life support, major surgeries, pain medication and resuscitation. By discussing and documenting these wishes in advance, parents can ensure that their adult child’s preferences are honored, even if they are unable to communicate the preferences directly. 

Avoids Family Disputes 

n the absence of a medical durable power of attorney, there may be differing opinions about the best course of action in certain medical situations, leading to family disputes. By designating a trusted person as their medical power of attorney, the adult child provides a clear and legally recognized directive about who has the authority to make medical decisions on their behalf. Appointing one trusted person to make the decisions avoids any fighting between family members. 

Guarantees Peace of Mind 

Knowing that there is a trusted person empowered to make medical decisions in the case of incapacity can provide significant peace of mind for both the adult child and their family. It alleviates concerns about what might happen if the unexpected occurs and ensures that someone who understands the adult child’s values and wishes is in charge. 

Steps to Establish a Medical Durable Power of Attorney in Michigan:

1. Make an appointment with your attorney. Generally, in the first meeting, the attorney will ask who the trusted agent will be. The attorney will have the client choose an alternate trusted agent, in case their first trusted agent was unable to act. They may also ask about the client’s wishes regarding certain treatments, including life support, major surgeries, pain medication and resuscitation. 

2. Sign the medical durable power of attorney. After the initial meeting with the attorney, the attorney will draft the medical durable power of attorney. This completed document will designate the trusted agent as the medical power of attorney. It will be signed by two witnesses, and possibly notarized. The attorney will then send “acceptances” and a signed copy of the document to the designated power of attorney and their alternate, wherein they will accept the responsibility of being the client’s medical power of attorney. 

3. Keep the original safe. It is important to keep the original medical durable power of attorney safe and in an accessible location. The designated power of attorney will also have a signed original of the document to supply to healthcare providers in case of an emergency. 

4. Update the medical durable power of attorney as needed, but at least once every five years. Keeping the medical durable power of attorney updated is necessary because, as life changes, the person trusted to make medical decisions may change, and it is important that the document reflects those changes.  While not a traditional “going away to school” gift, a medical durable power of attorney is a thoughtful and responsible present to anyone over the age of 18. Once a child turns 18, the parents lose the power to automatically make medical decisions and be informed about their child’s healthcare or wellbeing. A medical durable power of attorney is a document in which someone will designate a trusted person, sometimes a parent, to make medical decisions on their behalf in the case of incapacity. It ensures that the adult child’s medical wishes are followed, avoids family disputes regarding medical treatments, and gives parents peace of mind. In a world full of uncertainties, ensuring your child’s medical decisions are trusted in the right hands is the most priceless gift you can give.   Oh, and don’t forget the HIPPA power of attorney, or you won’t be able to access your college student’s medical records!