Why Every Parent Should Have a Medical Power of Attorney for Their Adult Children
Protecting Your Right to Make Medical Decisions for Your Adult Child
As a parent, you make countless decisions to protect your child’s well-being. You ensure they have health insurance, financial support, and guidance through life’s milestones. But what many parents don’t realize is that once a child turns 18, they are legally an adult—meaning you no longer have the automatic right to make medical decisions for them or even access their medical records in an emergency.
Without a Medical Power of Attorney (MPOA) in place, you could find yourself in a heartbreaking situation—unable to help your child when they need you most.
Schedule a free consultation with John Husson to learn more about drafting a Power of Attorney.
A Real-Life Case: A Parent’s Worst Nightmare
A few years ago, I represented a mother whose 18-year-old son had just left home for college in a major city. Tragically, he was brutally assaulted and left unconscious. His mother immediately flew to the hospital, desperate to be by his side and authorize his medical treatment. But because he was legally an adult and had no Medical Power of Attorney, she was told she could not make medical decisions for him—or even visit him in the ICU.
It was a nightmare no parent should ever have to face.
Unfortunately, this situation is far too common. Fidelity Wealth Management shared the devastating case of a 19-year-old pre-med student who was struck by a car and left in a coma. Without a Medical Power of Attorney, her parents had no legal authority to make medical decisions. Instead, a hospital ethics committee—strangers who had never met her—made life-or-death choices on her behalf.
What is a Medical Power of Attorney?
A Medical Power of Attorney (MPOA) is a legal document that allows an adult child to designate a trusted person—typically a parent or partner—to make healthcare decisions for them if they become incapacitated.
Without an MPOA, parents of adult children may face:
✔ Limited or no access to medical information due to HIPAA privacy laws.
✔ No ability to authorize medical treatment, even in life-threatening situations.
✔ A long, expensive court battle to gain decision-making authority.
✔ Hospitals making critical decisions without family input.
Who Needs a Medical Power of Attorney?
Every adult over the age of 18 should have an MPOA, but it’s especially important for:
✅ College students & young adults – Parents often don’t realize they lose medical decision-making authority once their child turns 18.
✅ Unmarried adults – Without a spouse, there is no automatic next of kin to make decisions.
✅ Young professionals – Those who travel frequently or work in high-risk jobs may need an MPOA in case of an accident.
✅ Individuals with medical conditions – If your child has ongoing health concerns, an MPOA ensures you can step in if they are unable to make decisions.
What Happens Without a Medical Power of Attorney?
If your adult child does not have an MPOA and experiences a medical emergency:
Doctors cannot share medical information with you due to HIPAA laws.
You will not have the legal authority to make treatment decisions.
A court may need to appoint a guardian, which can be a costly and time-consuming process.
A hospital ethics committee may decide on care instead of family members.
The Simple Legal Solution
The good news is that getting a Medical Power of Attorney is simple, affordable, and quick.
At Husson Law LLC, we help families prepare these critical documents so they never have to face unnecessary legal barriers in an emergency. A Medical Power of Attorney can be completed in a single legal consultation, ensuring:
✔ Parents (or another trusted person) have legal authority to make medical decisions.
✔ Doctors and hospitals can legally share medical information.
✔ Families avoid unnecessary legal battles when time is critical.
Take Action Today
If you have a child over 18, don’t wait until an emergency happens. Contact Husson Law LLC today to set up a Medical Power of Attorney and protect your family’s rights.
📞 Call 719-310-7221 or Schedule a Free Consultation
