Medical Power of Attorney for Children Over 18

Parents with minor children are used to making important medical decisions for their kids. An adult with legal custody or guardianship typically holds the medical power of attorney for his or her child. This means that parents have a say in the types of surgeries performed and treatment administered to their child in medical situations. What many parents may forget is that this power of attorney expires when a child turns 18.

Many parents mistakenly believe that once their child has turned 18, they still have a say in medical decisions. On the contrary, as soon as a child turns 18 he or she is legally an adult and is no longer subject to the consent or approval of a parent. The trouble that many parents experience is that, if their child is injured and needs extensive medical care, they have little or no say in the process. Without a power of attorney, the medical decisions for a child over 18 will be left solely to the discretion of doctors and other medical professionals.

Anticipating Important Healthcare Decisions

Because an adult’s power of attorney over a child expires when he or she turns 18, it is important for the parent to discuss this change with his or her children. If an adult child is anticipating surgery or other treatment, it may be in his or her best interests to draft a new document that grants medical power of attorney to a parent or other close relative.

If an accident were to occur that left the child in a coma or otherwise unable to make his or her own medical decisions, important considerations such as when and how long to administer life support would be left to doctors to make.

Don’t leave important life decisions in the hands of strangers. If you are a child who has recently turned 18 or a parent of an adult child, consider talking with a probate lawyer about drafting a power of attorney document to protect your medical wishes.

Contact Us

To learn more about granting a medical power of attorney and how to protect your health care wishes, please contact the Austin estate planning lawyers of Slater Kennon & Jameson, LLP today at 512-338-1100