Four legal documents every 18-year-old needs
American families spend months preparing for college, apartments, jobs, or travel but never realize that important legal rights change when their child transitions to adulthood.
Before age 18, parents generally already have authority to make medical and financial decisions for their minor child. But the law protects the privacy and independence of adults, so once the child reaches 18, those rights largely disappear overnight.
Most parents don't realize that their legal authority ends even if that child still lives at home, is financially dependent, or remains on the parents' health insurance. Worse, many families are surprised by this reality and confronted by the consequences during an emergency. For example, if an 18-year-old is hospitalized after an accident, parents often assume they can:
receive medical information
consent to treatment
communicate with physicians
manage finances
access bank accounts
handle insurance claims
sign documents on their child's behalf
Unfortunately, in many situations, they legally cannot.
The good news is there are legal tools to protect your child during their young adulthoods. These instruments allow the young adult, not the parents, to decide who can help if help is ever needed. The most critical documents include:
Health care proxy allows someone you choose to make medical decisions if you cannot communicate.
HIPAA authorization allows designated people to receive protected medical information even if no medical decisions are being made, including speaking with doctors, obtaining medical records, discussing treatment options, and making medical decisions if the patient is incapacitated
Durable financial power of attorney authorizes someone to assist with financial and legal matters, such as paying bills, handling insurance claims, signing leases, dealing with student housing, and handling government benefits, among others.
Living will (when appropriate)
Timing is critical because turning 18 triggers an immediate legal change. Start the conversation a few months before the child's 18th birthday so there is plenty of time to explain the documents and obtain signatures shortly after turning 18. The process is straightforward and usually takes one meeting, but the conversation with the young adult about why these documents matter is often the most important part.
While they're especially important between ages 18 and the mid-20s when many young adults are still financially connected to their families, they remain valuable throughout adulthood. Most powers of attorney remain effective until revoked, replaced, or the individual's death. They should be reviewed periodically, especially after marriage, relocation to another state, military service, or other major life changes.
Fischer Harbage is an estate and tax planning law firm built for the way people actually live today. With offices in Brooklyn and Manhattan, we serve clients throughout the tri-state area.