The Importance of a Health Care Proxy and Power of Attorney

At Wisselman, Harounian & Associates, we handle all family law related matters whether it be divorce, child custody, or other complex family related law issues. A matter often unknown to parents is that once their child turns 18 years of age, the parents lose the ability to make health care decisions and financial decisions on behalf of their child in the event of their child becoming incapacitated.

It is in the best interest of all parties for the children to complete a health care proxy and power of attorney, especially if your child is going away to college or living on their own. With a health care proxy and power of attorney, in an event where if the child is over 18 years of age and is unable to make health decisions and manage their money on their own, parents will be able to take full control of their health and money and manage their affairs. This prevents the necessity of court approval for parents to act after the fact regarding their child’s health and/or money in these types of unforeseen situations.