Why Your Child Needs a Health Care Guardian

by Jenny Ling, Esq.

As a parent, you want to do everything in your power to protect and care for your children. This includes not only making sure their basic needs are met, but also planning for unexpected events, such as a medical emergency. While it may be difficult to think about, it's important to consider the possibility that you may not always be able to make medical decisions for your children. This is why it's important to nominate a health care power of attorney (HCPOA) for your young children.

What is a Health Care Power of Attorney?

A HCPOA is a legal document that allows someone else to make medical decisions on behalf of an individual in the event that they are unable to do so. This person is known as the "health care agent" or "health care proxy." By nominating a HCPOA for your young children, you are designating someone you trust to make medical decisions for them if you are not able to.

Why Nominate a HCPOA for Your Young Children?

There are several reasons why you may want to nominate a HCPOA for your young children. First and foremost, in the event of a medical emergency, you may not be able to make decisions for your children. This could be due to your own medical condition or because you are not present or simply can’t be reached. Many doctors and hospitals will refuse to provide non-life-saving care to minors without permission from a parent or guardian.  By nominating a HCPOA, you ensure that someone you trust is able to make medical decisions on behalf of your children.

Additionally, a HCPOA can be particularly important if your child has a medical condition that requires ongoing care or treatment. If you are unable to make decisions regarding their medical care, even for a short time, having a HCPOA in place can ensure that their medical needs are still being met. It's important to note that a HCPOA can also be useful in non-emergency situations, such as when your child is undergoing a medical procedure and you are unable to be present.

How to Nominate a HCPOA for Your Young Children

In order to nominate a HCPOA for your young children, you will need to complete a legal document known as a "health care power of attorney." This document will outline who you are nominating as your child's health care agent, as well as any specific instructions or preferences you have regarding your child's medical care. You should also discuss your wishes with your nominated health care agent so they are fully aware of your wishes.

Make A Plan for Your Children

Nominating a HCPOA for your young children is an important step in ensuring that their medical needs are met, even if you are unable to make decisions for them.  At the Law Offices of Jenny Ling, PLLC, we offer a Child Protection Plan in all our comprehensive estate plans for families with minor children.  A Child Protection Plan ensures that your children will be protected in both the short and long term and provides for their financial well-being if you aren’t around.  Our Child Protection Plan also helps you give guidance to your children’s guardians about your values and parenting style.  You can even make a list of people that you would like to be in your child’s life, even if you aren’t there to facilitate that relationship.  By taking the time to plan ahead, you can have peace of mind knowing that your children will be cared for in the event of a medical emergency.

Don’t wait to make a plan – Contact Us to ensure your children are taken care of, no matter what.

Jenny Ling is a partner at the Law Offices of Jenny Ling, PLLC.  She focuses her practices on estate planning, business succession planning, business and bankruptcy.