Estate Planning Pitfall - Your college-age child doesn’t have an estate plan

Adler Pollock & Sheehan P.C.
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Is your child graduating from high school this spring and heading to college in the fall? Besides other essentials — such as clothing, toiletries, bedding and a laptop — make sure that he or she “packs” all the necessary financial and medical documents. Frequently, the checklist a college student should address will include some or all of the following items:

Will. Although your child is still in his or her upper teens, he or she isn’t too young to have a will drawn up. The will specifies the disposition of his or her assets and can tie up other loose ends of the estate.

Health care power of attorney. With a health care power of attorney, your child appoints someone to act as his or her proxy or surrogate for health care decisions. Typically, you or your spouse is designated as the attorney-in-fact for this purpose.

HIPAA authorization. To accompany the health care power of attorney, Health Insurance Portability and Accountability Act (HIPAA) authorization gives health care providers the ability to share information about your child’s medical condition with you and your spouse. Absent a HIPAA authorization, making health care decisions could be more difficult.

Financial power of attorney. This legal document enables you and your spouse to conduct financial activities on your child’s behalf. A “durable” power of attorney, which is the most common form, continues in the event that your child becomes incapacitated.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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