Silly question probably, but I can’t find an answer. The Power Of Attorney form was completed and notarized for my D who just turned 18. Does she take it with her, or do we? Does she need to file a copy with her campus? This form is acceptable in both her home state and her college state.
The campus isn’t going to want this. I would suggest that you have at LEAST two original copies…original signatures, not copies. We had a limited POA when our kid was in the Peace Corps. We ended up having to get certified copies made…meaning another notary certified that the copy we were sending was indeed notarized. It was a headache.
If we had known, we would have gotten four or five Originals.
In our case, we had to use it to deal with credit card fraud. The bank wanted the original but finally agreed to a certified copy because we only had one original.
Thanks @thumper1 . She actually goes back today, so not enough time. I decided to scan the original and we will alos keep the original, in the assumption that we will need it if she finds herself in the hospital. At Xmas break, I will get more copies done as per your suggestion.
You will need her there to get originals…because you will need HER original signature witnessed by that notary…so Xmas break will work.
Just remind her…if she is admitted to a hospital, she should put the right contact folks on the privacy release statement she will need to sign.
If she is not conscious,…it is my understanding that hospitals will speak to the next of kin.
She should carry her identification and emergency contacts in her wallet.
I sent you a PM.
How many of you parents got POA for your college kids? Is this really necessary?
In some states (e.g., California), a certified copy of the POA is as valid as the original, and the signature of all parties to the original is NOT required.
There are often simpler alternatives, although they don’t cover as many topics. D had executed a privacy waiver with our HMO, and we were able to deal directly with her doctor in the college state the one time it was necessary since that coverage was also under the Blue Shield umbrella and was covered by the same waiver. That would not necessarily have authorized us to approve treatment, but it might have.
The POA is a more complete solution to anything that might arise.
We had our kids sign a POA…we hope to never use it. We have kept the original safely put away in case we ever do.
For more day to day stuff (like health insurance) our kids signed a waiver with them so we can speak to them about any bills that come up. (The first time I tried after one turned 18, they refused to talk to me!).
I’m going to get it done when my D turns 18 in December. Does the POA cover medical issues too, or do you need a separate medical POA?
We just printed the basic POA which is only in the event of medical issues. I had read various stories of parents whose children had to go to the hospital being denied info because there was no POA in place. We wanted it in the event of that kind of issue.
There are several types of POA I believe, and I think durable POA is more comprehensive but we didn’t feel that was necessary.
A POA can cover whatever you set it up to cover. If you want it only for banking, you can state that, or only for medical, or only for times when you travel. I’d advise any adult NOT to give a complete general POA to anyone, even a parent. It’s giving up all those rights you just earned by living 18 years.
Neither of my kids have given me a POA. I am on both their bank accounts and have been able to move money around as needed.
As far a possession, I think it should go to the parent. The parent exercising the POA is going to have to present it to the bank/hospital/doctor. The grantor of the POA is unlikely to have it in her possession when she’s taken to the hospital. The POA is usually only exercised if the patient is unable to make medical decisions, so unconscious, so unable to instruct the person to “go to my dorm room and look in the box in my dresser and you’ll find the POA.” If parents have it, they can fax a copy to the hospital or bring the original.
@twoinanddone I agree on all points. As I said above, we decided to keep the original. And we don’t have any plans to have POA for anything other than medical issues that might arise.
We set up a POA only for a case if they can’t speak for themselves…I don’t see it as giving up their rights, and I have no intention of using it except for the very extreme case.
ETA: Likewise, they can make decisions for us if we are unable to.
We have a medical POA and durable POA which he have stored in our safe. We also have no intention of using them except for emergencies.
Forgive my ignorance, but what would be the point of a POA? In an emergency, doesn’t the next of kin have rights anyway?
I have an advanced directive for my own peace of mind (I don’t want anyone to have to make decisions for me) but POA never crossed any of our minds when I went off to college.
If an adult child ends up in the hospital, assuming they are not unconscious, a parent has no rights to be given any information about the adult child or to be involved in any decisions pertaining to the adult child. I am not totally certain, but I am guessing next of kin are notified in the event of life-threatening injuries or unconsciousness.
As she just turned 18, we want the peace of mind that comes from knowing we would have legal rights to be involved in healthcare decisions. I imagine when she is older and wiser we will shred the POA. Will cross that bridge when we come to it.
You don’t have the intention, but many parents aren’t as trustworthy. Mine weren’t. I just don’t think it is a good idea for anyone to be so trusting of just signing things over. If they do it for a parent now, will they do it for a spouse or business partner in the future without thinking through the consequences? I know my kids would sign anything I put in front of them. I’m trying to get them to not only read things, but understand them before signing.
I used to approve the use of POAs in some financial transactions, especially for military people. There were a lot of poor (but legal) decisions made by a spouse using a POA. I’m sure those granting the POA trusted the spouse too.
I don’t think a medical POA is needed. If the person needs care, the medical professionals are going to provide it and consult with next of kin, with or without the POA. The only reason I can think of to have one for a young adult is if the parents are divorced and there is a question of who is next of kin and it’s unlikely those parents would agree on treatment (or anything else for that matter). It’s fine to have one, but I don’t think it’s essential. I think there would be the same care and the same consultation without the POA.
@Lindagaf is correct. The POA is a safety net – and something to be decided on between parents and new adult. They can be written in various ways: good until revoked, good until set date, periodic renewal, etc. They can be written to authorize or not authorize specific actions: bank accounts, paying bills, closing accounts, making medical decisions. A competent person can revoke the POA at any time, so it’s not as though the young adult is signing away power over his/her life. It’s an insurance policy of sorts for the unthinkable that, unfortunately, sometimes happens. I feel dumb that we did not have one for D when she was at college on the other side of the country.
For our family completing one gave me the opportunity to specifically ask my son and document his wishes regarding not only for life sustaining measure , but treatment as well. It was not just a paper that I " put in front of him" . I agree that it’s an insurance policy for the event he needs someone to decide for him. Had he not completed that form, I would not be aware of what his wishes were. This way, it’s clearly stated what he wants , and how he expects me to execute his wishes. It’s purely a personal decision to be made by individual families. Clearly , people have differing opinions. Do what’s right for your family , and disregard the others’ opinions.
@twoinanddone : I think you are far too rosy-eyed about how a hospital will react when faced with an adult comatose victim.
Ok that makes sense. Thanks, linda and ATS to for explaining. It honestly just never crossed my mind so I guess we got lucky.
I do remember signing something when I turned 18 that gave my parents access to my medical records and I think to make medical decisions on my behalf (it was a while ago so I don’t remember clearly) but it was done at my doctor’s office and I don’t remember how broad the agreement was. My parents and I haven’t been on the same insurance policy since I reached adulthood so no issues there.