Vermont Grads: Your Adulting Checklist Starts Here
Graduating high school is a milestone! It is one of a handful of events that signifies that you’re no longer a child, you’re an adult. Which is exciting, but perhaps also at least a little intimidating.
Being an adult can be pretty great. You get to make your own choices, no more permission slips, and you can stay up as late as you want (no curfew)! Want to eat leftover pizza for breakfast and cereal for dinner? Go for it! (Just don’t make it an everyday thing - your future self will thank you!)
But along with the cool stuff comes some grown-up responsibilities. Think bills, jobs, figuring out where to live, paying for gas, budgeting your fun money, and buying your own groceries.
Both the fun parts and the tough parts have their ups and downs. Eat too much pizza and cereal, and you might regret it later. But if you don’t pay your bills, you’ll definitely regret that a lot sooner!
Then there’s another important thing to think about: you’re not invincible. What if something unexpected happens and you can't make decisions for yourself? Now that you’re 18, your parents or guardians can’t just step in and do it for you. That’s “kid stuff” - and you’re officially a grown-up!
Don’t worry though! While being 18 means new responsibilities, the law also gives you ways to choose people you trust to make decisions and act for you if you ever can’t.
Think of these as “legal gifts” or “safety nets.” They help make sure your wishes are followed during a medical emergency, and that your money and legal needs are still taken care of.
In this blog post, we’ll break down three super important documents every new adult in Vermont should have and why: a Durable Power of Attorney, an Advance Directive for Health Care, and a HIPAA Release. These documents put your wishes in writing and let you pick people you trust to act on your behalf when you need them most.
Get ready, new adults, and take note!
Durable Power of Attorney (DPOA)
What is a Durable Power of Attorney?
A Durable Power of Attorney (DPOA) allows you to give someone you trust (called your “agent”) legal permission to make personal and money-related decisions for you. Your agent can do as much or as little as you want, but the more power they have, the more they can help if something comes up.
A DPOA is NOT guardianship. With a DPOA you maintain control over your own money and personal life. A DPOA simply lets the agent you choose to act alongside you, like a helper or a “clone” of your legal self.
Why you need a Durable Power of Attorney
Maybe you’re heading off to college, traveling abroad, or joining the military. Having someone you trust who can access your accounts and represent you legally makes sure your money and personal life matters are taken care of while you’re away. An agent can also step in if you ever become unable to make decisions for yourself.
An agent can do things like: open accounts in your name, take out money, pay bills, talk to your insurance providers, file your taxes, and pay rent. This list is not everything they can do! Even simple things like setting up or canceling your Netflix account or changing your phone plan can only legally be done by you, or someone with a DPOA acting for you.
Advance Directive for Health Care (ADHC)
What is an Advance Directive?
An Advance Directive for Health Care (ADHC) lets you decide what kind of medical treatment you want to receive, especially for end-of-life care. It also lets you choose an agent (sometimes called a “health care agent” or “proxy”) to make medical decisions for you and explains what decisions they can make. It’s basically a backup plan to make sure your medical wishes are followed if you can’t speak for yourself.
It’s important to note that, while an ADHC lets your agent make medical decisions for you, they cannot go against your own wishes if you are able to speak for yourself. As long as you are awake and can tell doctors what you want, your words are what counts - even if they are different from what your agent says or what’s written in your Advance Directive.
Why you need an Advance Health Care Directive
Life can throw curveballs. If you can’t communicate and medical decisions need to be made about your health, the agent you choose can make those decisions based on what you’ve outlined in your Advance Directive. If your agent is also listed on your HIPAA Release, they can talk directly with doctors and make a wide range of decisions about what medical care you get, where you get treatment, and who provides that care.
Most people have ideas about what they want if they face end-of-life situations. Some common choices include: whether to be brought back to life by CPR, if and for how long you want a breathing machine (ventilator to be used, whether to receive food and water through an IV, what organs you want to donate (if any), and whether you want to be buried or cremated. An ADHC puts your wishes in writing for these and other situations. Your agent is then allowed to accept or refuse treatments based on your desires.
Without an Advance Directive, your family might have to go to court to become your guardian just to make these decisions. This can take time, cost a lot of money, and there's no guarantee they’ll get it. An ADHC gives you more certainty that your wishes will be respected.
Health Insurance Portability and Accountability Act (HIPAA) Release
What is a HIPAA Release?
The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that protects your medical privacy. HIPAA stops doctors and hospitals from sharing your medical information with anyone else, even if that person is on your insurance, unless you specifically allow it.
A HIPAA Release is a simple form that lets health professionals share specific medical with people you name. Think of it like giving “pre-approval” for someone to know about your medical needs and treatments, to the extent you want them to. You can give full permission, or choose to keep some information private, like details about sex, drugs, or mental health. However, a HIPAA Release doesn’t let the person you name make decisions for you (only an Advance Directive can do that). It just allows for sharing of information.
Why you need a HIPAA Release
If you want someone else to be able to talk with the doctors treating you, you need to list them on your HIPAA release. Otherwise, a doctor has to decide if you can't make decisions yourself. Even then, they can only share limited information with close family if they believe it's in your best interest, and only what they think your family "needs to know." Breaking HIPAA rules can have serious consequences for medical professionals, so many of them will play it safe and not share information unless they have a clear release.
There are clear situations, like emergencies, where loved ones will want to talk to medical staff to know what's happening. But there are also common, everyday situations where a HIPAA Release is helpful. People you list can make appointments for you, confirm appointments, pick up medications, and do other things related to your healthcare that involve your medical information.
A HIPAA Release isn't always absolutely required. If a parent pays for their child’s insurance or medical bills, they can often get some information from the insurance company or hospital. However, this can take time and isn't always guaranteed. A HIPAA release, on the other hand, will be in your medical file, so doctors and nurses will know exactly who they can speak with directly, without any fuss.
What To Do Next
There are different ways to get these forms ready. However, it's highly recommended that you talk to a lawyer to help you with the process. While it might cost a bit more, a lawyer who knows about these documents can customize each one for your specific needs, explain everything clearly, and make sure they are properly set up for Vermont law.
Planning for your future is a personal journey, and it's often easier and better when you work with a professional. Don't leave your important decisions to chance. Call a Vermont attorney today and schedule a chat!
