When James’s mother, Ellen, was diagnosed with Alzheimer’s, their family assumed they could make medical decisions for her as needed. They had heard about healthcare proxies before but figured they weren’t necessary. “We’ll just tell the doctors what she would have wanted,” James thought. But when Ellen could no longer communicate her wishes, the family found themselves in a heartbreaking situation. Disagreements arose over what kind of care she should receive. Her doctors couldn’t act without legal authority, and the family had no choice but to go through the court system to obtain guardianship. The emotional toll was overwhelming, and they wished they had taken steps earlier to legally document Ellen’s healthcare wishes. Many families find themselves in similar situations because they fall for common myths about healthcare proxies. Let’s set the record straight. Myth #1: “I Don’t Need a Healthcare Proxy Unless I’m Old or Sick” Accidents and medical
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When Margaret’s husband, Tom, suffered a severe stroke at 68, she assumed she would automatically have the authority to manage their finances and make medical decisions on his behalf. They had been married for over 40 years, after all. But when Margaret tried to access his bank account, the bank refused to give her control. The bank told her that without a Power of Attorney (POA), she had no legal authority to act on his behalf. Similarly, when she attempted to discuss Tom’s care with his doctors, they told her that without a Health Care Proxy (HCP), she had no legal authority to make medical decisions on his behalf. Margaret was devastated. To gain control over their finances and make medical decisions for Tom, she had to go through the lengthy and expensive process of petitioning for guardianship—a situation that could have been completely avoided if they had put
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Turning 18 is a big deal, not just from a parent’s emotional perspective, but legally too. Eighteen is a magic birthday, a milestone into adulthood. At 18, your teen can vote, buy a house, or marry their high school sweetheart. They can also go to jail, get sued, and gamble away their college tuition in Vegas. In your eyes, your baby will always be “your baby,” no matter their age, but in the eyes of the law, that “baby” is legally an adult on their 18th birthday. In New York State, a child is entitled to be financially supported by his or her parents until the age of 21, unless married, self-supporting or in the military; as far as the law is concerned, he or she is an adult at age 18 and information regarding their health, finances, and education will not be disclosed to anyone without their written consent.
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