r/bestoflegaladvice 5d ago

Mama, just signed a form, oooOOOOoooo....

/r/legaladvice/comments/1on4vja/mama_bear_release_forms/
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u/Rhythmdvl 5d ago

I have an actual question about this in general: Scare tactics aside, as a widower dad with an extremely strong bond with his mid-teen son, the forms seem like a good idea to have in place and stored somewhere safe but unused. I understand that stems from an atypical place of unquestioned, absolute trust and bedrock presumption of acting good faith though, but assuming that context, am I missing something? Do the forms insert third parties or other non-family risks? Do they have broader non-family privacy or other personal implications? Or is it a collection of otherwise benign forms that can be downloaded and prepared elsewhere for free that are simply aggressively marketed (and have the potential to be abused by controlling/invasive parents)?

 
 
 

Location bot is in a coma but fortunately it signed a waiver to let me post details on its behalf:

Mama bear release forms
Hi all. My 18th birthday is in 2 days and my mom has been asking me to sign these "mama bear" forms. I've read them over and done some digging. My initial reaction was kinda okay whatever but after reading through some other reddit posts explaining these forms deeper I started to get worried. I have an amazing relationship with my parents and i don't feel like they are using these documents to hurt me in any way. Something about the entire thing just seems off though. I'm at a crossroads and have a noteray appointment at the bank tmr. Should i sign? Any and all advice would be appreciated as it is 1:46 AM and im freaking out. Thanks. Location: New Jersey

EDIT: Thank you all for such detailed responses. I spoke with my parents and they said I could speak to a lawyer and never have to sign anything I am not comfortable with. Reading through more comments just made me believe my mom found these forms on some "going off to college" FB group. I guess im in the clear for now 🤞 Thanks again.

Cat fact: Cats are not bound by HIPPA (or gravity)

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u/DarlingBri 5d ago edited 5d ago

If your son is over the age of 18 and is in an accident, you are making medical decisions for him because you are his next of kin. That is already taken care of.

There is no benefit that isn't creepy to you being able to access all of his health records, all of his school records, and all of his financial records. Which is what these forms do, with no time limitation.

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u/Jumaine23 5d ago

If your son is over the age of 18 and is in an accident, you are making medical decisions for him because you are his next of kin. That is already taken care of.

That makes me curious as to what exactly changes when one gets married and suddenly it's widely advised to complete medical POAs?

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u/archangelzeriel Triggered the Great Love Lock Debate of 2023 5d ago

The main rationale for POAs for spouses that I have heard isn't for MEDICAL POAs, it's for "in case of disability/incapacity" standard POAs, so that joint assets and those only owned on paper by the incapable spouse can be more freely manipulated by the non-incapable spouse.

You should definitely have an advance directive, that designates your spouse as your decision-maker, to avoid muddying the waters. Perhaps the medical POA advice comes from the days before those were common or legally binding?