Your Child is 18: Why You Are Now a "Legal Stranger" to Your College Student
It’s a milestone every Florida parent celebrates: sending your child off to college. You’ve handled their doctors and their safety for 18 years. But the moment they turn 18, a legal wall goes up. In the eyes of Florida law, you no longer have the right to access their medical records or manage their finances, even in an emergency.
The HIPAA Wall and the Emergency Room
Imagine your child is involved in an accident away at school. You call the hospital, and the nurse tells you: “I’m sorry, I can’t release any information to you.” Because of HIPAA privacy laws, once a child hits 18, they are an adult. Without a Florida Health Care Surrogate and a HIPAA Authorization on file, you are legally locked out of the room.
The "Financial Blackout"
If your child is studying abroad or away at school and their bank account is compromised, you cannot step in. A Florida Durable Power of Attorney allows you to act on their behalf for financial matters without having to go through a costly court guardianship process.
The "College Readiness" Legal Bundle
At our firm, we specialize in the “Sandwich Generation.” We recommend every 18-year-old have three essential documents: Florida Health Care Surrogate, Durable Power of Attorney, and a Living Will.
Lori Vella is an Estate Planning and Business Attorney. She works virtually throughout Florida and New York, but has her home office in Tampa, Florida. She is mom to a little boy which ignited the passion for helping other families. She and her son enjoy car rides, playgrounds and taking mini-adventures. They also have an organic garden that surprisingly yields vegetables. Lori considers herself well-versed in Seinfeld and welcomes any trivia!
Disclaimer: The Law Office of Lori Vella’s website contains general information directed to Florida residents. This firm does not intend to give legal advice through its pages and/or blog. If you need legal advice, we encourage you to find an attorney licensed in your state. This language on this website does not create an attorney-client relationship between you and this firm.