Another View: Arm college-bound children with proper legal protections

Sending your children off to college is exciting. They're buying items for their dorm room and oftentimes, preparing to live on their own for the first time. Even at age 18, your child or grandchild may seem like a baby to you, but in the eyes of the law, age 18 is an adult.

It's a common misconception that an unmarried adult's parents can make health care and financial decisions on their child's or grandchild's behalf if he/she can't make them on their own. In reality, by law, parents can no longer make decisions for their children (or grandchildren) once they've reached age 18.

Therefore, it's critical to arm children or grandchildren heading to college with proper documentation to enable others to take action on behalf of such child or grandchild in particularly, a medical power of attorney and financial power of attorney. The term "power of attorney" means you have power to perform some action on behalf of someone else, and in many instances, only when that person cannot perform that action on their own behalf.

A medical or health care power of attorney allows parents -- or whoever the young adult wishes -- to make health care decisions for them when they are unable to. An attorney should be consulted to properly prepare the health care power of attorney, but once prepared, the Nevada Secretary of State accepts applications through its free Living Will Lockbox program, which electronically stores such documents and submits them to medical providers upon request in conjunction with the registrant's medical care. This service can be found by visiting www.nvsos.gov. Click on "Living Will Lockbox" in the "Online Services" tab. After completing and submitting the required forms, you'll receive a card in the mail with your name and code, which can be shared with family and health care providers. The card should be kept in a wallet or purse so it's findable in case of an accident.

The financial power of attorney is just as important as the health care power of attorney. With this form, parents can not only access bank account information, but they are able to sign deeds, cancel apartment rentals and a host of other decisions on behalf of the young adult. In both instances, the documents can be drafted to allow only access and decision-making ability if the adult child is physically or mentally unable.

Estate planning packages, which can include wills, trusts, burial instructions and deeds in addition to the documents explained in this article, can range from $200 to $2,500 or more, depending on the attorney, the client's needs and the details involved. Lawyers will either charge a flat fee or an hourly rate for preparation of estate planning documents. While the cost may seem high, especially to those just beginning their adult lives, it pales in comparison to the stress and costs that can be incurred if these documents are not in place when the unimaginable happens.

Brooke Borg serves as founder and attorney for Borg Law Group. She can be reached by calling 702-318-8808, visiting www.borglawgroup.com or emailing brooke@borglawgroup.com.