Season 3 Episode 62: Health Forms for Teens Turning 18: POA, HIPAA + More

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Turning 18 Health Forms to Consider for Families

Recap and updates from the Thoughtful Planning podcast (Texas focused, state laws vary)

If your teen is about to turn 18, you have probably seen a checklist online that says: get a medical power of attorney, get a HIPAA release, and you are done.

But what if those lists do not tell the whole story? What if there are important forms you have never heard of, or small details that can cause big problems later?

In this recap episode of Thoughtful Planning, we review the health related documents we have covered in Episodes 56 through 61 and share new insights that families can use right away. We are not attorneys, doctors, or financial advisors. Everything we share is for educational purposes only. We live in Texas, so when we talk about specific forms, we are usually referring to Texas forms. Laws vary state by state, so please research your state requirements or consult an estate planning attorney for legal guidance.

The essential question

What health related forms have we discussed, and what new information have we learned that might be helpful for families to be aware of?

Why turning 18 changes medical access

When your child turns 18, they are legally an adult. That means parents may lose automatic access to medical information and may not be able to step in the same way they could when their child was a minor. Planning ahead can reduce confusion in emergencies and helps everyone understand what your teen wants.

The core “team” of health forms

In Episode 61, we explained that these forms work together like a team. Each document has a different purpose.

1) The Living Will (Texas Directive to Physicians and Family or Surrogates)

This is the “voice.” It allows a person to express wishes about life sustaining treatment in certain medical situations if they cannot speak for themselves.

We covered this in Episodes 56 to 58.

2) The Medical Power of Attorney (Designation of Health Care Agent)

This is the “hands.” It lets a person name someone to make medical decisions on their behalf if they are unable to communicate.

We covered this in Episodes 59 and 60.

New detail we needed to add: pay attention to who can serve as an agent and who can serve as a witness. Some people, including certain health care facility employees or the attending physician, may be restricted from being the health care agent or from being witnesses. Always read the instructions and disclosure statement on the form for your state.

3) The HIPAA Authorization

This is the “eyes.” It allows health care providers to share medical information with the people your teen designates. It does not give someone the power to make decisions. It gives permission to share information.

We covered this in Episode 61.

Together, these three documents can help families avoid confusion by clarifying wishes, decision making authority, and information access.

Additional forms families may not know exist

While reviewing end of life doula class replays, Honey was reminded of two forms we discussed earlier that deserve more attention.

Mental health directive (Texas Declaration for Mental Health Treatment)

If your child has had mental health conditions, this form may be helpful. It can cover preferences such as medications and how the person wants to be helped during a mental health episode.

Dementia directive planning

Even if dementia does not run in your family, it can still be worth thinking about while you are clear minded. Texas does not currently have a specific dementia directive form, but families may choose to add dementia related preferences as an addendum to a living will.

For more context on both topics, see Episode 33.

Donation choices: organ, brain, and body

Donation decisions are often mentioned in planning conversations, but they come with important details.

You can add organ, brain, and body donation choices to your living will, but communication matters. Do not write it down and assume your family will know.

Also, these choices often require extra steps while a person is living and of sound mind.

  • Organ donation may involve registering with your state (Episode 9).
  • Brain donation requires registering with a specific research program, and it is for science, not for another living person (Episode 42).
  • Full body donation programs often need the body intact, which can limit donating organs or brains separately. Many programs require paperwork ahead of time, and acceptance is not guaranteed, so having a backup plan is wise.

A reality check: hospitals may request their own paperwork

A practical takeaway from the class replay was that some hospitals and physicians may have their own forms they want on file even if you completed state forms. A facility may ask you to complete their version before a procedure.

Another important point: documents can go missing in a system between visits. So it is a good habit to bring your own copies and confirm they are actually in the chart.

If someone is facing a medical procedure and has not completed forms yet, they can ask the hospital for help. Some facilities may have nurses or social workers who can assist, but planning ahead is far easier than doing it in the moment.

Forms usually discussed during serious illness

These are not commonly completed by healthy individuals, but families should know they exist.

Out of Hospital Do Not Resuscitate Order (OOH DNR)

In Texas, this form directs emergency medical personnel not to perform CPR outside a hospital setting if a person is found without a pulse. It is a physician’s order and requires a doctor’s signature.

POLST or MOLST

These are portable medical orders for people with serious illness. The name and details vary by state, but they commonly address resuscitation, comfort measures, and treatment preferences. These forms require health care provider involvement.

State specific requirements and changing laws

One example we shared is that some states (such as Michigan) may require a person named as a health care agent to sign an acceptance form before they can act. The bigger message is that what is true in Texas may not be true in your state.

Also, laws can change over time. A good practice is to review documents at least once a year or when something significant changes, like a move, marriage, a new diagnosis, or major travel.

A special note for veterans

Veterans may need additional paperwork beyond state forms. If a veteran wants someone else to access VA benefits or claim information, there is a federal form called VA Form 21-0845, Authorization to Disclose Personal Information to a Third Party. The VA has its own system and its own forms, so this is separate from other medical or financial documents.

Key takeaways for parents of soon to be 18 year olds

  • The Living Will, Medical POA, and HIPAA Authorization work best as a set.
  • Details matter, including witness and agent rules.
  • Hospitals may want facility specific paperwork and you should keep your own copies.
  • Serious illness forms exist and require medical provider involvement.
  • State requirements differ and laws can change, so verify current rules.
  • Veterans may need VA Form 21-0845 for authorizing information access through the VA.

Next episode

In the next episode, we shift from health to wealth with the Statutory Durable Power of Attorney, which focuses on financial matters.

If you found this episode helpful, subscribe on your favorite podcast platform and share it with a friend.

Questions? Email [email protected]

Disclaimer: We are not attorneys, financial advisors, or medical professionals. This content is for educational purposes only. We focus on Texas law. Please consult an estate planning attorney in your state for legal guidance.

Resources

Episode 56: Living Will Preparation (Part 1)
https://youtu.be/sq7asB8MhUM

Episode 57: Living Will Addendums (Part 2)
https://youtu.be/Hw-oSJE5RRA

Episode 58: Living Will: How to Complete the Texas Directive to Physicians (Part 3)
https://youtu.be/SyG76P_BfXQ

Episode 59: Who Will Speak for You? Choosing a Medical Power of Attorney
https://youtu.be/qGR1i4I6Ujs?si=k2G0uyHlDYHhL2dP

Episode 60: When They Turn 18: A Parent’s Legal Wake Up Call
https://youtu.be/CLEiiwXSWu4?si=tXY1jWw9JvRzNOSi

Episode 61: HIPAA and Your Teen
https://youtu.be/UYZsMcGL1JM

Episode 33: Planning for Dementia and Mental Health
https://youtu.be/iwsDXi42jFU?si=m8Ko4Kx5ImClnF5u

Episode 9: National Donor Day
https://youtu.be/Br6EfLJCX7U

Episode 42: The Most Powerful Gift You Never Knew You Could Give: Understanding Brain Donation
https://youtu.be/upjYh-FOYu8

Texas Advance Directives
https://www.hhs.texas.gov/formas/advance-directives

eFileTexas
https://texas.tylertech.cloud/SRL/srl/ExecuteInterview

Department of Veterans Affairs: Authorization to Disclose Personal Information to a Third Party, VA Form 21-0845
Search “VA Form 21-0845”