Health Care Proxy in Connecticut for a Disabled Adult Child

Why Medical Authority Disappears at Eighteen

The moment your child turns eighteen in Connecticut, hospitals and doctors are legally barred from discussing treatment decisions with you. It doesn't matter that you've managed every medical appointment since birth. Under HIPAA, your adult child is the sole decision maker — and you're a third party without authorization.

Connecticut handles this through a health care representative designation under C.G.S. § 19a-575a through § 19a-577. It's not called a "health care proxy" in the statutes, but the mechanism is the same: your adult child appoints someone to make medical decisions on their behalf if they become unable to do so.

How the Health Care Representative Works

Unlike a financial power of attorney, which is active immediately, a health care representative designation is dormant by default. It only activates when a licensed physician certifies in writing that the young adult is temporarily or permanently unable to understand or communicate medical choices.

Until that trigger occurs, your adult child makes all their own medical decisions. The appointed representative has no authority to override, intervene, or second-guess. This design preserves the young adult's autonomy during everyday medical care while ensuring someone trusted can step in during a crisis.

Once activated, the representative can consent to or refuse medical treatments, choose healthcare providers, access medical records, and make end-of-life decisions according to any instructions the young adult included in the document.

Execution Requirements

The document requires:

• The principal's signature (your adult child)
• Two adult witnesses who observe the signing
• Notarization

The principal must be able to understand that they're appointing someone to make medical decisions if they can't do so themselves. This is a lower capacity threshold than many families expect — your child doesn't need to understand complex medical procedures, just the basic concept of "if I can't tell the doctor what I want, this person will speak for me."

Facility residents face extra rules. If the young adult lives in a DDS or DMHAS facility, Connecticut law imposes specific witness requirements for health care representative documents executed by residents of state-licensed facilities under C.G.S. § 19a-576.

What a Health Care Representative Cannot Do

This document covers medical decisions only. It does not grant authority over:

• Financial matters — requires a separate durable power of attorney under C.G.S. § 1-350
• Educational decisions — requires a written delegation or educational POA under R.C.S.A. § 10-76d-12
• Government benefits — SSI management requires Representative Payee status through SSA
• Housing or residential placement — unless tied to a medical determination

A health care representative also cannot override the young adult's expressed wishes. If your child has capacity and refuses a treatment, the representative has no standing to consent on their behalf.

Revocation

Your adult child can revoke the designation at any time, provided they have the capacity to do so.

When This Document Isn't Enough

A health care representative designation works when the young adult has the capacity to sign the document. If they cannot understand the concept well enough to execute it validly, you'll need court involvement.

For adults with intellectual disabilities (IQ 69 or below), a guardianship of the person under C.G.S. § 45a-670 can include authority to consent to medical treatment. For adults with other cognitive impairments, a conservatorship of the person under C.G.S. § 45a-648 covers the same ground.

In both cases, Connecticut probate courts must first consider whether informal supports — including a health care representative, supported decision making, and family assistance — are sufficient before granting a court order.

HIPAA Authorization Is Separate

A common mistake: families assume a health care representative designation gives parents access to medical records before the document activates. It doesn't. While the designation is dormant, you need a separate HIPAA authorization form signed by your adult child to access their medical information.

This is a standalone document — not part of the health care representative form — and it lets you communicate with doctors, receive test results, and review medical records without any court order. Your child can limit the authorization to specific providers, specific time periods, or specific types of information.

Putting the Pieces Together

Medical decision making after eighteen requires at least two documents: a health care representative designation for crisis authority, and a HIPAA authorization for day-to-day information access. Most families also need a durable financial power of attorney and FERPA releases to cover the full transition.

The Connecticut Adult Guardianship & Alternatives Guide includes a document checklist that maps every piece of this puzzle — from informal supports through court orders — so you know which documents apply to your child's situation and what execution requirements each one demands.

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