Power of Attorney Questionnaire

When your child reaches the age of 18, the parents are no longer their legal guardians and can no longer make decisions for the that child medically or financially. Therefore, if the 18-year-old is unable to make these decisions then the parent(s) must petition the court for an expensive and time-consuming guardianship.

An example of this would be if your child were involved in a bicycle accident and was unable to make medical or financial decisions for herself, then the parent could not immediately make those decisions unless the daughter had Powers of Attorney for Healthcare and Property as described below.

Power of Attorney for Healthcare is a document whereby your son or daughter appoints a person-usually a parent-to make Healthcare decisions for them in case they cannot make them for themselves. If your child in the example above had this document then the appointed parent could immediately make decisions concerning her treatment, her physician, and any other healthcare matters.

Power of Attorney for Property is a document whereby the child of majority appoints a person, again usually a parent, to make decisions about the person’s financial affairs. This could be the payment of bills, the handling of investments and any other financial issues. Since this Power of Attorney should be effective at the time of signature by the child, the parent can use the document not only in a disability setting but also if the child is out of the country for school or military service.

OTHER DOCUMENTS THAT A COLLEGE BOUND STUDENT SHOULD HAVE

HIPAA Waiver is a document that permits named persons access to information and documents that are covered by the Health Insurance Portability Act. This Federal Statute prevents 3rd persons from accessing personal data whether it be health or financial information.

FERPA is the Family Education Rights and Privacy Act. Remember, your child is an adult and so the information and records (Including grades) concerning their education are private possessions of your son or daughter. Therefore, in order for the parent(s) to access the information and records, the student must give written consent to the school to disclose the information to 3rd parties, such as parents, guardians, future employers and other institutions.

Please follow this link to a Questionnaire that will help complete us draft the above documents.

Client Reviews
★★★★★
"We just received the refund from the facility today. Thank You so very much for all your help with my Mom's file. You and the staff at Wilson & Wilson Estate Planning & Elder Law LLC are outstanding people. It is an Honor to have your law office represent us. I would like to keep in touch with you for future family business." Lou Spataro
★★★★★
"I have known Bill Wilson for years and referred the services of Wilson & Wilson Estate Planning & Elder Law LLC Law Offices to many of my clients. I know they will be met with compassion as well as excellent counsel which is important to families in stressful situations. Dealing with the families in crisis requires skills all of the staff at Wilson & Wilson Estate Planning & Elder Law LLC demonstrate every day." Andrea Donovon
★★★★★
"Bill and his team are outstanding! They are thoughtful, caring and able to handle virtually any estate-related matter. They can take complicated matters and make them simple to understand. And on simple matters, they get it done quickly and for a reasonable fee. I highly recommend the Wilson & Wilson Estate Planning & Elder Law LLC team." G.Grant Dixon III
★★★★★
"Sandra and Debbie were very friendly but also professional. They were very efficient and concise and were able to answer all my questions about the paperwork. I felt very comfortable and confident working with Sandra and definitely would recommend her services to friends and family." A.S.