Your Little One is now 18… Continue Protecting Your Babies Even When They Become Adults

While estate planning is probably one of the last things your teenage kids are thinking about, when they turn 18, they become legal adults in the eyes of the law. You no longer have the authority to make decisions regarding their healthcare, nor will you have access to their financial accounts if something happens to them. With you no longer in charge, your young adult may be extremely vulnerable in the event they become incapacitated and lose their ability to make decisions about their own medical care.

If your kids are already 18 or are about to hit that milestone, a great way to acknowledge their entry into adulthood is to work with them to ensure that they know their legal rights and that they put in place the critical documents that they would need to ensure that their wishes are followed. 

Medical Power of Attorney & HIPAA Authorization

The medical power of attorney is an advance directive that allows your child to grant you (or someone else) the legal authority to make healthcare decisions on their behalf in the event they become incapacitated and are unable to make decisions for themselves.  For example, a medical power of attorney would allow you to make decisions about your child’s medical treatment if he or she is in a car accident or is hospitalized.   

Due to HIPAA laws, once your child becomes 18, no one—even parents—are legally authorized to access his or her medical records without prior written permission. A properly drafted medical power of attorney and a signed HIPAA authorization will allow your young adult children to designate who can access their medical records to make informed decisions about their healthcare.

These documents can also include specific guidance about how your child’s medical decisions should be made, particularly decisions regarding the removal of life support should they ever require it. In addition to documenting how your child wants their medical care managed, instructions can also be provided as to who should be able to visit them in the hospital and even what kind of food they should be fed.  This is especially vital if your child has specific dietary preferences. For example, if he or she is a vegan, vegetarian, gluten-free, or takes specific supplements, these things can be specifically noted.

Durable Financial Power of Attorney

Should your child become incapacitated and needs you to act on their behalf with respect to financial matters, a Durable Financial Power of Attorney is required to access and manage their finances. This document would give you (or the adult of their choice) the authority to manage their financial and legal matters, such as paying their tuition, applying for student loans, managing their bank accounts, and collecting government benefits, etc. Without this document in place, you may have to petition the court for such authority, a process that can be both lengthy and costly.

Peace of Mind

As parents, it’s normal to experience anxiety as your child becomes an adult and spreads their wings. While you can’t totally prevent your child from an unforeseen illness or injury, by helping your young adult children put these documents in place, you can rest assured that if your child ever does need your help, you’ll have the legal authority to provide it.  If you would like guidance or assistance in doing so, book a free consultation with me, Karen Ahrens. If you don’t have these documents in place for yourself, consider involving your adult children when you do put these documents in place so that they know your wishes. This not only sets an important example for them, but also ensures that your wishes will be followed if the unthinkable happens.  As an estate planning attorney, I am always happy to guide and protect families to keep them out of court and out of conflict, reducing unnecessary costs and eliminating confusion as to what your loved ones may have wanted.