Congratulations to the High School Class of 2020

July 2, 2020 - Posted by: Zamary Law - In category: Estate Planning, Financial Power of Attorney, Healthcare Power of Attorney, Preparing for College, Will - No responses

The Zamary Law Firm, LLC would like to extend a HUGE Congratulations to the Class of 2020 High School Graduates in the Greater Cincinnati area!

In years past, the final weeks of a senior’s year have been packed with activities and traditions that lead up to the capstone of their educational experience, the commencement ceremony. From nostalgic walks through the halls of their elementary schools, to awards, college commitment days, and Prom, they would experience these rites of passage just as each senior class before them did. The Class of 2020 has had to adapt to the ever-changing landscape of life with Covid-19 and as a result, they have watched as every long-anticipated expectation of what their Senior year would be like was taken from them. The disappointment they have experienced is heartbreaking yet, their collective resilience amidst adversity has been inspiring! The creative ways in which students have found to celebrate one another and salvage the traditions of their senior year speaks to their tenacity and perseverance.

High School graduation and becoming a legal adult go hand and hand. In the eyes of the law turning 18 makes them an adult, although in your eyes they are still a child. So, what does that mean for your graduate and how does that change your role as their parent or guardian?

There are some important issues to consider. Specifically, your child’s right to privacy in matters of health care, finances and educational records could potentially become an obstacle should unforeseen circumstances occur. Once your child is 18, you are no longer entitled to obtain access to information pertaining to their health records, financial accounts (including financial aid for college) and educational records (even if you are paying the tuition bill). There are, however, practical steps that can be taken that allow for you to act on your young adult’s behalf if needed while still maintaining their privacy and sense of independence.

Post-graduation is a great opportunity to sit down and openly talk about what it means to be a “legal adult” and the privacy protections they have a right to regarding their personal information. The first step to having a successful discussion is to gather information on the options available to be prepared for any circumstance.

Possibly the most important issue at hand is the appropriate permissions needed to ensure the proper health care provisions for your child. Due to HIPAA, medical information is strictly confidential between them and their healthcare provider (whether your child is on your insurance or not). A HIPAA Release Form is a simple solution. Your child can select the healthcare information they authorize their healthcare providers to disclose while still maintaining their privacy. It is important to note that if your child will be attending college in another state you may want to check with the campus medical center to see if they have any specific documentation required in order to disclose your child’s healthcare information as well.

A HIPAA Release Form allows for the disclosure of your child’s healthcare information, but does not give you power or authorization to make treatment decisions on their behalf. In order to do that, your child will need to designate you as their Health Care Power of Attorney. This document is more in depth than the HIPAA Release Form and each individual state may have varying laws and forms. Putting both of these provisions in place will ensure that there will be no delay in your ability to look out for your child’s healthcare should the need arise.

Another issue that can become an obstacle when your child becomes of age is the handling of financial matters. Just like your child’s healthcare information, financial information becomes private as well. In the event that your child becomes unable to manage his/her financial affairs, you will not be able to step in and handle them without their prior authorization. Whether due to an accident, sickness, or even a semester abroad, there may be times when you will need access to financial statements. To accomplish this, your child will need to designate you as their Durable Power of Attorney for Financial Purposes. This document allows your child to specify the powers you will be granted in regard to their finances and gives you the authorization to act on their behalf.

Lastly, with the enactment of The Family Educational Rights and Privacy Act (FERPA) the educational records of your adult child are also considered private. Without an Educational Record Release form in place, you will not be entitled access to their academic records even if you are paying their tuition. While this may not seem too overly important in the grand scheme of things, it could prove to be prudent. Having access to your child’s academic records could alert you of problems that might affect any scholarships or financial aid. It can even provide early warning signs of other serious problems or mental health issues.

Now that graduation is over and summer is here, the hustle and bustle of college orientations, dorm room shopping and all that packing will be here before you know it! In these uncertain times, it makes sense to put these basic estate planning documents in place. The help and guidance of a legal professional can give you the confidence to know that your child’s best interests will be provided for as they leave home for the first time. The Zamary Law Firm, LLC will be happy address any questions you may have and assist you and your child as you plan for their future.

The Zamary Law Firm, LLC was founded in 2016 by George Zamary with the goal to provide high quality legal services while building long term relationships with clients. The firm assists clients in areas of civil litigation (contracts, employer and employee, business, personal injury, fiduciary, construction, commercial), business/corporate law and estate planning in both the State of Ohio and the Commonwealth of Kentucky. For more information visit www.zamarylaw.com, sign-up for their newsletter or visit their page on Facebook. Zamary Law may be contacted at 513-448-4150.