Secure Your Peace of Mind: Why Healthcare Directives Matter for Your Newly Adult Children

We believe that protecting your family's financial health goes hand in hand with securing their overall well-being. Frequently, low-probability events are overlooked even if they carry severe implications for your well-being because many succumb to optimism bias, the “it won’t happen to us” thought process. One often-overlooked aspect of comprehensive planning is establishing a healthcare directive for your newly adult children. Once your child turns 18, they become legally responsible for their own healthcare decisions. But what happens if they’re suddenly unable to communicate those decisions themselves or still want your voice present in those circumstances? That’s where a healthcare directive—and the associated documents like HIPAA releases—become indispensable.

Understanding the Shift in Responsibility

Before age 18, you, as a parent, are automatically considered the decision-maker for your child’s medical care. Upon reaching adulthood, however, privacy laws and healthcare regulations shift legal responsibility to your child. Without a signed directive or power of attorney, you may face roadblocks in accessing medical information or making critical decisions should your child become incapacitated. Even in less severe situations—like managing post-operative instructions or navigating insurance approvals—lack of proper documentation can cause unnecessary delay and stress.

Why a Healthcare Directive Makes Sense

1. Ensures Your Child’s Wishes Are Honored. A healthcare directive outlines the treatments and interventions your child would (or would not) want. This can reduce uncertainty for everyone involved and align care with their personal values.
2. Protects Your Ability to Act Quickly. If your adult child is injured or ill, time is of the essence. With the right directive in place—often accompanied by a durable power of attorney—you can step in with minimal red tape to authorize essential medical decisions.
3. Prevents Costly Legal Delays. In the absence of the proper documents, families can find themselves forced to seek legal guardianship or other court orders, leading to steep expenses and prolonged waiting periods. A healthcare directive is a proactive way to avoid these hurdles.
4. Reduces Stress for the Entire Family. The emotional toll of a medical emergency is compounded when families aren’t certain who’s in charge. A directive provides clarity and peace of mind during challenging times for families and medical staff.

How to Set Up a Healthcare Directive

1. Consult an Attorney or Estate Planning Professional. While some forms are available online, each state has unique requirements. An attorney can help ensure that your directives comply with local laws and accurately reflect your child’s wishes.
2. Download the Forms or Use Official State Documents. Many states provide fillable, legally recognized forms through their Department of Health or similar agencies. You can also find templates from reputable legal websites or professional service providers.
3. Discuss Healthcare Preferences. Have an open conversation with your child about potential scenarios, treatments they’d want to pursue or decline, and who they trust to make decisions on their behalf.
4. Notarize & Share. Some states require notarization, while others allow two witnesses. Once signed, distribute copies to your healthcare providers, keep a copy for your records, and ensure any key family members have one.

Don’t Forget the HIPAA Release

A HIPAA release allows doctors and other providers to share medical information with you should your child become incapacitated. Many healthcare directive forms include a HIPAA release section. If not, have your adult child sign a separate HIPAA authorization form and give copies to all relevant medical professionals.

Additional Resources

• State Department of Health Websites – Check your local government website for official forms and guidelines.
• Legal Advisors – Reach out to an estate planning or family law attorney for personalized advice.

We encourage our clients and their loved ones to address these crucial topics so you can be prepared for the different seasons of life. A healthcare directive not only safeguards your child’s wishes but also provides a practical roadmap during high-stress medical events. By taking these proactive steps, you’ll ensure that your family is prepared for whatever lies ahead—protecting both financial and personal well-being in the process.

If you have any questions about setting up a healthcare directive for your young adult children—or want to integrate it into a broader estate plan—reach out to your Van Hulzen Financial advisor. We’re here to guide you every step of the way.

*The foregoing content reflects the opinions of Van Hulzen Asset Management DBA "Van Hulzen Financial Advisors" and is subject to change at any time without notice. Content provided herein is for informational purposes only and should not be used or construed as investment advice or a recommendation regarding the purchase or sale of any security. There is no guarantee that the statements, opinions or forecasts provided herein will prove to be correct. Past performance may not be indicative of future results. Indices are not available for direct investment. Any investor who attempts to mimic the performance of an index would incur fees and expenses which would reduce returns. Securities investing involves risk, including the potential for loss of principal. There is no assurance that any investment plan or strategy will be successful.