Healthcare Directives for College-Bound Young Adults: A Free Community Service by Wolfe Ossa Law

As your 18-year-old leaves for college, there is one significant legal document that will respect their medical decisions and permit you as a parent to assist during crisis circumstances—a Healthcare Directive. Wolfe Ossa Law, located in Metuchen, NJ, provides this free service to assist families locally.

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Why Is a Healthcare Directive Important at 18?

Once your child is 18 years old, they are legally an adult. Parents no longer automatically have access to the child’s medical records, nor may parents make decisions regarding the child’s medical care. A Healthcare Directive, also known as Advance Directive or Medical Power of Attorney, allows your child to appoint a reliable individual—often a parent—to make decisions regarding their medical treatment in case they are incapacitated and cannot state their own wishes.

Have a Question? Call: 723-548-5400

Why and When Would a Healthcare Directive Be Necessary?

A Healthcare Directive would be necessary in the following situations:

Customized Health Care Directives
We offer personalized health care directives tailored to your specific needs and preferences. Our experienced attorneys in Perth Amboy, NJ take the time to understand your unique situation and draft documents that reflect your exact wishes.

Hospitalization:
Physicians may not be able to convey vital information to parents in the absence of a directive.

Surgical Procedures:
In the event of an emergency surgery, the directive will enable the chosen person to provide informed consent.

Mental Health Crises:
In the event of a serious mental health crisis, a directive can assure the best interests of the child are safeguarded.

Have a Question? Call: 723-548-5400

Steps to Complete a Healthcare Directive

Wolfe Ossa Law has streamlined the process into easy steps:

Make an Appointment:
Call our Metuchen, NJ office to schedule a complimentary consultation.

Discuss the Document:
Our attorney will review the Healthcare Directive with you, discussing its significance and purpose.

Choose an Agent:
The child selects someone he or she trusts (a parent, most often) who will make health care decisions should they be necessary.

Sign the Directive:
The child must sign the document with us in our office. The named Agent is not required to sign.

Notarize:
We’ll make the directive official and notarized at no charge.

Share Copies:
We recommend maintaining copies with the child, with the named agent, and conveniently located.

Have a Question? Call: 723-548-5400

Frequently Asked Questions

From the Parent’s Perspective:

1. Can I make medical decisions for my child when they are 18?

No, unless they have executed a Healthcare Directive that designates you as their agent.

2. Will hospitals automatically call me in an emergency?

No, hospitals are bound by privacy statutes and might not inform you of anything without proper authorization.

3. What if my child is attending an out-of-state college?

A Healthcare Directive remains valid, but it’s a good idea to check the local laws and leave a copy on file with the institution.

4. Can my child change the directive later?

Yes, he or she can revoke or change it at any time so long as they are mentally competent.

5. Is a Healthcare Directive identical to a Living Will?

No, a Living Will only indicates end-of-life desires, whereas our Advanced Healthcare Directive names someone to make medical decisions AND indicates treatment and end-of-life desires.

6. Does this document allow me to control my child's finances as well?

No, for financial matters, a Power of Attorney is needed.

7. What if my child doesn't have this document?

Medical decisions can be delayed, and parents might have to go to court to be granted guardianship in case of emergencies.

8. Can someone else be listed as an agent?

Yes, but it is best to list one primary agent with a backup to prevent conflicts.

9. How much time does it take to finish?

The process is quick—usually less than an hour at your appointment.

10. Do we require an attorney to prepare this document?

Not necessary, but the guidance of a lawyer makes it properly executed and legally binding.

Have a Question? Call: 723-548-5400

From the Child's Point of View:

1. Why do I need a Healthcare Directive?

If there were an emergency, you would want someone you trust to make healthcare decisions for you.

2. Can my parents decide for me without it?

No, at age 18, they no longer have automatic jurisdiction over your medical care or records.

3. I don't want my parents to make the decision.

You can insert the name of another adult you trust, e.g., a relative or a sibling.

4. Will it prevent me from making my own medical decisions?

No, the directive only takes effect if you are unable to communicate.

5. If I wish to change my agent.

You can cancel or amend your Healthcare Directive at any time.

6. Must I sign this in my home state?

No, but it must be done in accordance with state law.
7. Is this like an organ donation form? No, but you may include organ donation desires in your directive.

7. Is this like an organ donation form?

No, but you may include organ donation desires in your directive.

8. Will my physician automatically know about my directive?

No, you must leave a copy with your physician and carry one with you.

9. Does this imply that my parents can see all my medical records?

Not always; this document primarily allows them to make decisions in emergency cases.

10. What if my school has medical policies of its own?

Most schools have their own forms, but a legally binding directive provides more protection.

Have a Question? Call: 723-548-5400

Schedule Your Healthcare Directive Free Appointment Today

Wolfe Ossa Law is committed to helping families navigate this important legal process. To avoid going to court, lose precious medical response time, and remain in the know if your child does end up in the emergency room, call our Metuchen, NJ office at (732) 548-5400 to schedule your free Healthcare Directive appointment today.

Have a Question? Call: 723-548-5400