Posted In: Trusts & Estates
Trusts & Estates Blog: Attending a Summer Camp? Going on Vacation? Parents Should Add Minor Medical Authorizations to Their Planning Checklist
on June 22, 2021
Is your minor child attending a summer camp this year? Do you have an upcoming business trip or vacation and are entrusting a friend or family member to look after your child? Is your minor child going on a family vacation with a friend? In planning for these events, parents should consider adding one item to their checklists: minor medical authorizations.
A parent or legal guardian has authority to make medical decisions on behalf of their minor child. And, although it varies from state-to-state, minor children often do not have legal capacity to make medical decisions for themselves. In situations, like the scenarios above, where a minor child will be in the care of others, a minor medical authorization will temporarily allow the designated agent to act on the child’s behalf if a medical emergency occurs. In other words, minor medical authorizations allow a person that is not a legal guardian of a minor child to seek medical attention and make medical decisions on behalf of the child. These authorizations are limited in time—so the designated individual would only have authority to act on behalf of the child for a specified period of time.
If a parent does decide to designate someone under a minor medical authorization, the person should obviously be someone they trust. They should also be fully informed. As such, the parent should share important details about the child’s medical history, any allergies to food or medicine, and insurance information, among other things.
If a parent does decide to designate someone under a minor medical authorization, the person should obviously be someone they trust. They should also be fully informed. As such, the parent should share important details about the child’s medical history, any allergies to food or medicine, and insurance information, among other things.
Some of the benefits of minor medical authorizations are as follows:
- Allows a third-party to make medical decisions on behalf of a child while under their care;
- Allows a third-party to act quickly, instead of waiting to contact a parent, in emergency situations; and
- Is a temporary authorization—so the third-party would only have authority to act on behalf of the child for a scheduled period of time.
If you are considering this option, you should consult with an attorney to ensure that the medical authorization is effective as laws vary by state. If you have any questions regarding minor medical authorization, please contact our Trusts and Estates Practice Group.
This blog is intended to provide information generally and to identify general legal requirements. It is not intended as a form of, or as a substitute for legal advice. Such advice should always come from in-house or retained counsel. Moreover, if this Blog in any way seems to contradict advice of counsel, counsel's opinion should control over anything written herein. No attorney client relationship is created or implied by this Blog. © 2024 Brouse McDowell. All rights reserved.