When a child turns 18, parents lose the right to automatically receive medical information about their child and make medical or financial decisions on their behalf if they become incapacitated unless there are powers of attorney in place.
The principal is the person for whom the documents are being enacted; in other words, the student or young adult.
For your Durable Power Of Attorney documents you’ll need to choose an agent; this is the person who will act on behalf on the principal (the student or other young adult). This is usually a parent of the child.
There are pros and cons to having multiple agents but our goal here is to provide you a simple,convenient, and clear document and having just one agent accomplishes that goal.
Each state has its own laws governing family law, so different states might require different language. Our documents are constructed to be specific to the state you choose to create the documents for.
If my student goes to school in a different state than we live in, which state do I create documents for?
You should create your documents for the state in which the student spends the most time. If you like, you will have the option of creating documents for a different state at a discounted price when you are finished with your order for the primary state
Once you download the forms, they’re yours to keep.
You need to get the forms notarized to make them official. After notarizing, we suggest storing them in a safe place and also taking a picture to store them on your computer or in the cloud.
Some places include banks, pharmacies, public libraries, local government offices, schools and universities, a hotel or resort’s business services center, mailbox companies like the UPS Store and the FedEx Store. Your place of business might have a notary, especially if you work for a large company. AAA branches offer free notary services as a membership benefit.
We suggest storing them in a safe place and also taking a picture to store them on your computer or in the cloud.
As you get older, the person you want appointed as your agent may change. You always have the right and ability to update/modify your documents by executing new documents.
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The forms are available in Microsoft Word format (.doc) and Adobe Acrobat format (.pdf). Some of our forms are also available in Rich Text (.rtf) format.
Durable Medical Power of Attorney
- The principle (the person on whose behalf the documents are created) may revoke the DMPOA by a written document signed and dated by the principle, delivered to the agent (the person allowed to take actions on the principle’s behalf) and to any healthcare provider that has received a copy of the DMPOA.
HIPAA Revocation Instructions
- Principle may revoke the HIPAA Authorization by a written document signed and dated by the principle and delivered to the relevant health care provider.
Durable Financial Power of Attorney
- Principle may revoke the DFPOA by a written document signed and dated by the principle, delivered to the agent and to any other financial institution that has received a copy of the DFPOA.
What does each form give you, exactly?
Durable Medical Power of Attorney gives you:
- Access to medical information (via HIPAA)
- Clear indicator of who is able to make medical decisions for an incapacitated person in case of medical emergency.
Durable Financial Power of Attorney gives you the ability to:
- Sign tax returns, access bank accounts, pay bills, settle legal disputes
- Interact with insurance companies and landlords as a surrogate for an incapacitated person