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A hand holds wooden puzzle pieces depicting a stylized child figure supported by two hands, symbolizing temporary guardianship or medical consent for minors.

How can parents authorize health care for minor children when away from home?

by Legacy Plan
September 19, 2024

As a parent, ensuring your child's well-being is always a top priority. However, there may be times when you need to be away from your children, whether for work, travel or other commitments. During these periods, it's crucial to have a plan in place for your child's health care, which often involves establishing temporary guardianship and completing a medical consent form. This article examines the essential steps and considerations for child care authorization when you're away, including how to set up an emergency medical authorization and a power of attorney for your child.

Why is it important to plan for your child's health care when you're away?

Planning for your child's health care during your absence is not just a matter of convenience; it's a critical aspect of responsible parenting and estate planning. When parents are away, having a solid health care plan in place serves multiple important purposes.

First, it ensures that your child can receive prompt medical attention if needed, even when you're not immediately available. In case of an emergency or sudden illness, every moment counts. A well-thought-out plan, including an emergency medical authorization, allows caregivers to act swiftly, without delays caused by uncertainty or lack of authorization.

A comprehensive health care plan also provides peace of mind for parents. Knowing that you've taken steps to safeguard your child's health even in your absence, such as arranging temporary guardianship and completing necessary medical consent forms, can significantly reduce stress and anxiety while you're away. You can focus on your responsibilities or enjoy your travel, secure in the knowledge that your child's medical needs are covered.

A third reason is that a proper child care authorization plan provides much-needed clarity for caregivers. Whether it's a family member, friend or professional caregiver looking after your child, they need to know exactly what to do in various health-related situations. This clarity not only helps in emergencies but also in routine medical matters that might arise during your absence.

What legal documents do you need to authorize health care for your child?

A close-up of a hand holding a pen, poised to sign a "Medical Power of Attorney" document, representing healthcare decision-making and estate planning.

To ensure that your child can receive necessary medical care in your absence, you'll need to have specific legal documents in place. The two primary documents you should prepare are:

A medical power of attorney, sometimes called a health care proxy or health care power of attorney, is a legal document that allows you to designate someone to make medical decisions for your child in your absence. This person, often referred to as an agent or attorney-in-fact, has the authority to consent to medical treatment, choose health care providers and make other health-related decisions on behalf of your child.

The HIPAA authorization form is equally important. This document permits health care providers to share your child's medical information with the designated caregiver. Without this authorization, health care providers may be legally prohibited from discussing your child's health information with anyone other than the parents or legal guardians, which could hinder effective care in your absence.

It's important to note that the exact names and requirements for these documents may vary by state. Some states may combine these authorizations into a single form, while others may have additional requirements. Always check your state's specific laws and regulations or consult with a legal professional to ensure you have the correct documentation.

Who should you choose as your child's temporary medical decision-maker?

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Selecting the right person to act as your child's temporary medical decision-maker is a crucial step in preparing for your absence. This individual will carry significant responsibility, potentially making important health-related decisions for your child, so it's essential to choose carefully and thoughtfully.

When considering potential candidates, several key factors should guide your decision. First and foremost, look for someone who embodies responsibility and trustworthiness. This person should be someone you trust implicitly to make decisions in your child's best interest, even in challenging or stressful situations. They should be capable of remaining calm under pressure and making well-reasoned choices.

Proximity is another important consideration. Ideally, choose someone who lives near your child or can be easily reached in case of an emergency. This ensures that they can quickly respond to any medical situations that may arise, potentially making a critical difference in urgent scenarios.

Familiarity with your child is also crucial. The decision-maker should know your child well, including their personality, preferences, and any specific health concerns. This intimate knowledge can inform better decision-making and help ensure your child feels comfortable and supported during what might be a stressful time.

It's equally important to ensure that the person you choose is willing and able to take on this responsibility. They should feel capable of making medical decisions if needed and be comfortable with the potential weight of these choices. Have an open and honest conversation about what the role entails to ensure they fully understand and accept the responsibility.

Shared values regarding medical care can also be beneficial. If the person you choose has similar views on health care and would likely make decisions similar to what you would choose, it can provide additional peace of mind during your absence.

Common choices for this role often include close family members such as grandparents, aunts or uncles or trusted family friends. However, the best choice will ultimately depend on your specific circumstances and relationships. Consider the unique dynamics of your family and your child's individual needs when making this decision.

Remember, it's also wise to name an alternate decision-maker in case your first choice is unavailable when needed. Life is unpredictable, and having a backup plan ensures that your child's needs will be met no matter what. Take the time to discuss the responsibility with both your primary and alternate choices to ensure they're comfortable with the role and understand your expectations.

By carefully selecting a temporary medical decision-maker who meets these criteria, you can feel more confident that your child will receive appropriate care and support in your absence, aligned with your wishes and values.

What information should you provide to the temporary caregiver?

A person reading or filling out a medical consent form while a child sleeps on a couch nearby with a stuffed animal, suggesting parental care and medical authorization.

Equipping your child's temporary caregiver with comprehensive information is crucial for ensuring they can provide the best care possible. Here's a detailed list of what you should provide:

  • Your child's medical history. This should include any chronic conditions, past surgeries or hospitalizations and significant illnesses.
  • List of current medications and allergies. Provide a detailed list of all medications your child takes regularly, including dosage and frequency. Also, include any known allergies, whether to medications, foods or environmental factors.
  • Health insurance information. Give the caregiver copies of your child's health insurance card (front and back) and any relevant policy information.
  • Contact information for your child's pediatrician. Include the name, address and phone number of your child's regular doctor. If your child sees any specialists, include their information as well.
  • Your contact information while away. Provide multiple ways to reach you, including phone numbers, email addresses and the address where you'll be staying if applicable.
  • Copies of legal documents. Give the caregiver copies of the medical power of attorney and HIPAA authorization form.
  • Emergency contact list. Include numbers for other family members or friends who could be contacted if you're unreachable.
  • Immunization records. A copy of your child's most recent immunization record can be helpful, especially if any vaccinations are due during your absence.
  • Preferred hospital or medical center. If you have a preference for where your child should receive care in case of an emergency, make this clear.
  • Any specific care instructions. If your child has any special needs or routines related to their health, provide detailed instructions.
  • Consent for school-related health issues. If applicable, provide written consent for the caregiver to excuse absences or pick up your child from school due to illness.

Organize all this information in a clearly labeled folder or binder that the caregiver can easily access if needed. It's also a good idea to review this information with the caregiver before you leave to ensure they understand everything and can ask any questions.

How can you ensure health care providers will honor your authorization?

A hand holding a green notary stamp over paperwork, with digital icons representing certification, checklists, and documents floating above, illustrating document approval processes.

While having the proper legal documents in place is crucial when authorizing health care for your child in your absence, there are additional steps you can take to increase the likelihood that health care providers will honor your authorization. These measures can help ensure your child receives prompt and appropriate care, with your chosen caregiver able to make necessary decisions.

First and foremost, whenever possible, use official, state-specific forms for your medical authorizations. These forms are more likely to be recognized and accepted by local health care providers, as they're tailored to meet state-specific legal requirements. Additionally, while not always required, having your documents notarized can add an extra layer of legitimacy, potentially smoothing the process when your caregiver needs to use the authorization.

When preparing your authorization documents, provide clear and detailed instructions. The more specific and comprehensive your instructions are, the easier it will be for health care providers to understand and follow your wishes. This clarity can be crucial in ensuring your child receives care that aligns with your preferences.

It's also wise to inform your child's regular doctor about the temporary arrangement in advance. They can note this information in your child's file and may be able to facilitate communication with other providers if needed. This proactive step can help prevent confusion or delays in care.

Ensure that your chosen caregiver has multiple copies of all necessary documents. It's also a good idea to provide copies to your child's school, as this can be helpful in case of emergencies during school hours. Consider having your child carry a card in their wallet or backpack with basic information about the temporary guardianship arrangement and emergency contact details.

In our digital age, using a secure online storage service for your documents can be beneficial. Store digital copies of all documents in a secure online location that the caregiver can access if needed. This provides a backup in case physical copies are lost or inaccessible.

Lastly, make it a habit to review and update your authorization regularly. Ensure all information and documents are current, as outdated information can cause delays or complications in your child's care.

By taking these comprehensive steps, you significantly increase the chances that your child will receive the care they need in your absence, with health care providers respecting and following your chosen authorization plan.

How do I create an estate plan?

There are numerous options and scenarios to consider when developing an estate plan that protects your legacy and achieves your objectives, and important decisions should be made with the advice of qualified lawyers and financial experts. Membership with Legacy Assurance Plan provides members with valuable resources and guidance to develop comprehensive estate plans that take life's contingencies into consideration and leave a positive impact for generations to come. Legacy Assurance Plan members also receive peace of mind that a team of trusted, experienced professionals will assist them in developing legal, financial and tax strategies that will meet their needs today and for years to come through periodic reviews.

This article is published by Legacy Assurance Plan and is intended for general informational purposes only. Some information may not apply to your situation. It does not, nor is it intended, to constitute legal advice. You should consult with an attorney regarding any specific questions about probate, living probate or other estate planning matters. Legacy Assurance Plan is an estate planning services company and is not a lawyer or law firm and is not engaged in the practice of law. For more information about this and other estate planning matters visit our website at legacyassuranceplan.com.

Phone - 844.445.3422
Email - info@legacyassuranceplan.com
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