The Law Queens

PROTECTING THE RIGHTS OF THE INJURED

Jennifer Cortes-Johnson Nancy “Naz” Butcher

The Law Queens advocate for your injury case and mount a skilled defense in your favor. An all-woman and minority-owned firm, Cortes-Johnson & Butcher, LLC, only collects legal fees and expenses if you receive a settlement. Don’t be a pawn in the insurance game. Use The Law Queens and call checkmate!

504.910.7243

1461 N. Causeway Blvd., Suite 12, Mandeville 3900 N. Causeway Blvd., Suite 1200, Metairie

www.thelawqueens.com

CourtQUEEN’S

So, your child is going to college! What an exciting time! Before the fun and learning begin, though, there are so many decisions to make, from what your child’s major will be to what dorm décor will they choose. Those are important things to consider, but one of the most important decisions you can make is something you may not even be aware of. Although we still view them as kids, most college students are legal adults, which means that in the event of an emergency, you most likely will not be able to access their financial or medical records or even discuss healthcare options with their doctor. Do not panic because there are three easy things you can do that will save you a lot of time, headache, and money.

1. Execute a Medical Power of Attorney (POA), which will appoint you as your adult child’s medical agent. Should your student become incapacitated, a medical POA will allow doctors to discuss your adult child’s condition and treatment options with you so you can make an informed medical decision on your adult child’s behalf. Without a medical POA, the doctor or the hospital’s legal department may not discuss your adult child’s condition with you, or allow you to make medical decisions on their behalf.

2. Execute a Health Insurance Portability and Accountability Act release form, (HIPAA). A HIPAA form provides you with access to your adult child’s medical records and allows doctors to discuss his or her healthcare with you. Without a HIPAA form, you likely will not be allowed to view test results or other information. A HIPAA form will also allow you to receive and discuss your adult child’s medical bills with the hospital, doctor’s office, or health insurance company. A HIPAA and a POA differ in that a POA designates you as the person who will make medical decisions on behalf of your adult child should they become incapacitated, which you cannot do with only a HIPAA release form.

3. Execute a Durable POA. While a medical POA and HIPAA are strictly for healthcare, a durable POA covers legal and financial matters. Should your student become incapacitated, a durable POA will allow you to access and manage your adult child’s financial or legal matters, like paying bills, managing bank accounts and/or investments, or breaking a contract such as an apartment lease.

Hopefully, you will never need any of these documents, but if you don’t have them and your student becomes incapacitated, you may have to go to court and request guardianship for the legal rights we’ve just discussed. This process will take time and could end up costing you thousands of dollars.

These forms are reasonably inexpensive to put in place, so you can have peace of mind while your student is off living their college dream. We recommend using a licensed attorney, like the Law Queens, to ensure that the forms are drafted properly and in accordance with the law. Executing these simple but important legal documents will ensure that you are able to take care of your adult child should a situation arise, which gives every parent peace of mind.

This material is provided for informational purposes only. The provision of this material does not create an attorney-client relationship between the firm and the reader, and does not constitute legal advice. Legal advice must be tailored to the specific circumstances of each case, and the contents of this article/newsletter are not a substitute for legal counsel. Do not take action in reliance on the contents of this material without seeking the advice of counsel.