The last thing a parent thinks about college planning is their college-bound kid’s health. As children leave the nest, it’s easy to overlook a crucial legal change–they are legal adults. The magic age of 18 opens a new world of challenges from entering the workforce or going to pursue a college degree. It is important to let your children gain their independence, but in cases of emergency its always best to have a plan.
While young adults may still be on their parents’ healthcare plan, parents do not automatically gain access to their children’s medical information or have the ability to make health care decision for them. When a child turns 18–the age of majority in Indiana–healthcare privacy laws, like HIPAA, apply. Mom and Dad may not be able to be contacted in time to act, so what happens then?
Frailty of Youth
No one wants to worry about an accident occurring to their children, but many parents’ own life experiences are enough to understand that inexperienced young adults occasionally make poor choices.
[Young adults] made up 25% of emergency room visits and 20% of all hospitalizations due to motor vehicle traffic incidents.
According to a 2020 study conducted by the California Department of Public Health, individuals aged 15 to 24 make up roughly 14% of California’s total population. However, this 14%, when behind the wheel of a vehicle, made up 25% of emergency room visits and 20% of all hospitalizations due to motor vehicle traffic incidents.
Closer to home, the 2021 College Substance Abuse Survey conducted by Indiana University asked roughly 8,000 college students aged 18-25 from 23 colleges across the state–14 public and 9 private–about their interactions and use of legal and illicit substances.
7.1% of college students who have ever drank alcohol reported that they have driven a vehicle while under the influence of alcohol.
Over 40% of respondents under 21 reported drinking alcohol with Over 55% of all respondents reported drinking alcohol within one month of taking the survey–40% of the drinking respondents were under 21. 36.2% of respondents stated that they have had to take care of another student because that student had drank too much alcohol, which is likely a sign of alcohol poisoning. One of the most shocking results is that 7.1% of college students who ever drank alcohol reported that they have driven a vehicle while under the influence of alcohol.
These statistic show the real risks that young adults face. Many of whom rely on Mom and Dad for their health care decisions.
Who is to the Rescue?
If your adult child is hospitalized and are unable to make a decision due to their incapacity, Indiana law provides a priority list for persons who can step in to make health care decisions (Ind. Code § 16-36-1-5). The priority from most to least is:
- Court Appointed Guardian
- Spouse
- Adult Children
- Parents
- Adult Siblings
- Grandparents
- Nearest Older Adult Relatives (Aunt/Uncle)
- Close Adult Friends (who maintain regular contact and are familiar with the person’s values and beliefs)
- Religious Superior (if part of a religious order)
It is important to know of potential challenges of relying on the code. The treating physician must make a reasonable attempt to contact the persons in order of priority. If they are unable to get in contact with that individual–or if none exists, such as a guardian or spouse–they contact the next. This may a problem when the young adult is admitted for care and does not have any identification or cell phone on their person. Additionally, if there are two people that are at the same priority level, they must agree on the decisions to make or if there is a disagreement, the choice made by the majority has authority. Medical situations may become complicated if two people with the same priority level disagree–such as a divorced couple whose child is hospitalized–delaying critical and time-sensitive decisions.
Avoiding Pitfalls
A great way to avoid medical and health care issues is by having a conversation with your young adult about advanced health care directives. Having your young adult make a living will, health care power of attorney, and HIPAA authorization can help bypass uncertainties about “what if” scenarios. Discussing these concerns and coming up with a plan can bring parents peace of mind and allow children to navigate adulthood knowing their parents can help when needed.
If you are interested in learning about creating an estate plan or health care emergency plan for yourself or your child, contact us to schedule a meeting with our attorneys.