Estate Planning

Swine Flu and Young Adults - Whose Decision is it to Vaccinate?

By Hull & Hull LLP

It can be easy to tell your children what to do ... when they're still young.  Its not quite so easy as they grow up and leave the nest - both from a practical and legal perspective.  Have you thought about whether your university-aged child is fully prepared in the event of a medical emergency?  Can you, as a parent, get access to medical information on behalf of your child who is over the age of majority?  This concern, particularly in the context of mounting fears over the spread of the swine flu (H1N1) virus, was considered recently here, and is worth some discussion in the context of our own provincial laws.

In Ontario, once a child has reached the age of majority (18 years), they have the full legal privileges and responsibilities of an adult in most matters.  This means that parents cease to have legal authority over their child's financial decisions, despite the fact that the child may still be dependent on them in some respects (i.e. attending college or university).  With respect to medical matters, while Ontario's Health Care Consent Act provides that a person who is capable and has attained the age of 16 years has the capacity to give advance instructions, there is no specific age for consent.  Any child is presumed to have capacity to give or refuse consent.  

In Ontario, we have several related estate planning documents to consider in these circumstances.  First, the Continuing Power of Attorney for Property is a written authorization given by someone (the grantor) to a person (the attorney or attorneys) who is entitled to do anything on the grantor's behalf in respect of property that the grantor could do if he or she were capable, except make a will.   The Power of Attorney for Personal Care is a written authorization given by the grantor to an attorney who will make personal care decisions regarding health care treatment, if he or she is unable to do so. 

So, although you may not be able to sway your adult children either way on the issue of whether or not to vaccinate, it would be wise to ask them to consider signing powers of attorney, so that parents are authorized to make medical and financial decisions on their behalf in the event of an emergency.     

Sarah Hyndman Fitzpatrick

Sarah Hyndman Fitzpatrick - Click here for more information on Sarah Fitzpatrick.

Full post as published by Toronto Estate Law Blog on October 30, 2009 (boomark / email).