Turning 18 is a milestone. Freedom, independence, off to college, moving away from home. It’s also a time of significant change in legal status, a change most people aren’t prepared for.
Did you know that, even if you have a will (and you should!), and even if you’re still on your parents’ medical plan, they may not be able to make decisions on your behalf in case of a medical emergency?
What happens in a medical emergency
Say you’re in a car accident. You’re injured, unconscious, and taken to the nearest hospital. Your parents would be fully informed by doctors about your condition, right? Able to see your medical records and discuss treatment options?
The reality is, when you turned 18, privacy laws kicked in. Doctors would certainly consult with your family in an emergency: Typically, they’d talk to a spouse first, if you have one, followed by parents, and then by siblings. But your family may not have the authority to make medical decisions on your behalf. And if there are disagreements about what to do, they may need to get court approval to act – possibly slowing your care at a critical time.
The way to avoid this heart-wrenching scenario is to have two documents in place: A healthcare power of attorney and a living will. In some states, these can be combined into one document.
What is a health care power of attorney?
Also known as a healthcare proxy, a health care power of attorney is a written document that allows you to name someone you trust – a parent, relative, or close friend — to make medical decisions if you are not able to speak.
What is a living will?
Also known as an advance directive, a living will informs your family and your doctors about your health care wishes if you aren’t able to communicate. This is not about leaving property or assets, which some people confuse when they hear the term “will.” It’s about giving clear instructions about medical treatments you do or don’t want. Do you want to be kept alive on machines if recovery is not likely? Do you want to donate organs?
How to get started
It doesn’t take long to establish these essential legal documents, and you can change your mind whenever you choose. The most important step is to start now.
Laws differ by state, so you may need two forms or you may be able to use one document that combines both a health care power of attorney and living will in one form. If you’re away at college, you may also need documents for both your home and college states.
- Find your state’s health care power of attorney and living will forms online. Fill them out, taking a few days to consider who you trust and how you want to be treated.
- Think about your personal values and what “quality of life” means to you. You don’t have to cover every situation in your living will, but make sure your strongest wishes about life-sustaining treatment are clear.
- Sign your documents in front of a witness or notary, depending on your state(s) laws.
- Keep your original documents in a safe box and give copies to your family and health care clinic.
- Set a reminder every year or two to review and update it in case of a major life change – marriage, move, or new medical condition.
Having a will is essential, but that’s not enough. Medical emergencies can happen at any time — don’t leave your health care to chance. A health care power of attorney makes sure people you trust can make medical decisions for you, and a living will helps your family and doctors know what kind of care you want. Together, these documents make sure your voice is heard, even when you can’t speak for yourself.