Essential Health Steps When Your Food Allergic Child Turns 18 (College-Bound or Not)

When your child turns 18, they gain legal adulthood—which, among many things, means you no longer have automatic access to their medical information or decision-making about their health. For parents of children with food allergies or other health concerns, taking the right steps is crucial—whether your child is heading to college or not.

It’s not only ensuring they have their Anaphylaxis Emergency Treatment Plan ready to go and knowing how to use it. There’s more you need to coordinate with your now adult child – there are legal documents that you’ll thank yourself you took the time to address.

Here’s what you need to do and what to discuss with your child — explaining why these documents are important to have in place as they turn 18:

1. Sign a Healthcare Power of Attorney or Health Care Proxy

Once your child is legally an adult, doctors can’t share medical information with you without your child’s permission – their personal health information is protected under the Health Insurance Portability and Accountability Act (HIPAA). If you and your child sign a Healthcare Power of Attorney (HPOA) or Health Care Proxy this will ensure you can discuss their medical history and treatment with your child’s doctors, which also waives HIPAA privacy rights.

It's best to complete a HPOA in both the state in which you live and the state in which your child is attending school, if applicable. Have these documents on file at the school’s health center and a nearby hospital.

2. Durable Legal Power of Attorney

It’s also wise to discuss with your child the need for a Durable Power of Attorney, which would enable a parent to handle their child’s financial affairs (like pay their student loan bills, make car payments, access their bank accounts, pay taxes, etc.) if they were to become unable to handle on their own — which is also generally very helpful if your child chooses to study abroad.

3. Access to Student Records

Once your child turns 18, under the Family Education Rights and Privacy Act (FERPA), access to student’s records generally transfers to the student themselves. This means parents no longer automatically have access to their child’s educational information. A FERPA waiver must be signed for parents to access these records to access your child’s report cards, test results, disciplinary actions, etc.

Another Important Topic to Discuss —

I’ve learned through several college tours and FARE conferences that it’s an important conversation to have with your child to agree on how you’re going to address communicating about allergic reactions, while your child is away at college. Be sure to discuss that you want to be made aware of all allergic reactions, both minor and major. As a parent, you know your child best and understand that there are patterns in minor reactions that are worth discussing, and not simply dismissing. Preventing both future minor and major reactions is the goal.

We all know every stage of maturity for your food allergic child has its own set of unique challenges. Know that they’ve been listening and learning from you as the years have gone by, that the transition from dependent youngster to independent young adult may have a few bumps along the way, but as long as you’re communicating, you’re doing your best to be prepared. After all, you’re here gathering all the know-how, along with me, as I learn through this process.

It’s definitely a balance of letting go, while still guiding your soon-to-be adult child to grow and enter the world with the skills to be successful and safe -- We’ve got this ;)

Notes:

• FAACT (Food Allergy & Anaphylaxis Connection Team) has a great summary of Legal Considerations here

• Remember that each child is different, and may indeed not agree to sign these documents; it’s a personal decision for you and your family how best to manage this stage of independence.

• The forms for these legal documents are best obtained from your individual state; you can start by asking your child’s doctor or a legal professional how best to begin this process.

• If you live outside the US, similarly, ask your child’s doctor or legal professional for advice.