Preparing for Your Child’s 18th Birthday: Legal Steps Every Parent Should Take
The transition from childhood to adulthood is a significant milestone, marked by your child’s 18th birthday. While this is an exciting time, it also comes with new responsibilities and legal rights that both you and your child need to understand. As your child becomes a legal adult, there are important changes that impact your ability to make decisions on their behalf.
In this article, we’ll explore the legal implications of turning 18, how it affects your role as a parent, and the essential legal tools you’ll need to support your child as they step into adulthood.
What Happens Legally When Your Child Turns 18?
At 18, your child is considered a legal adult in the eyes of the law. This means they gain the ability to enter into contracts, vote, buy property, and make their own medical decisions. While this newfound independence is a crucial part of growing up, it can also pose challenges for parents who are used to making decisions for their child.
Without the proper legal documents in place, your ability to assist your child with financial, medical, and legal matters is severely limited.
The Impact on Parental Decision-Making
When your child turns 18, your legal authority to make decisions on their behalf effectively ends. For example, if your 18-year-old child is hospitalized and unable to communicate, healthcare providers are legally prohibited from sharing medical information with you without their explicit consent. Similarly, financial institutions won’t allow you to access your child's accounts or manage their finances unless you’re a co-owner.
This shift in decision-making authority can be unsettling, especially if your child is still financially dependent on you, is facing a medical emergency, or needs help managing their affairs due to a disability. However, there are legal tools that can help you navigate these challenges.
Protect Your Child with Powers of Attorney
A Power of Attorney is a legal document that allows your child to appoint someone to make decisions on their behalf. There are two key types of Powers of Attorney that are particularly valuable as your child transitions into adulthood:
General Durable Power of Attorney: This allows your child to designate someone to manage their financial affairs if they become incapacitated or simply want assistance with their finances. This ensures you can continue to support your child financially, even after they turn 18.
Note: Not all financial institutions honor a Power of Attorney. It’s important to check with your bank or financial institution to ensure you have the necessary access.
Power of Attorney for Healthcare: This document authorizes someone to make medical decisions on your child’s behalf if they are unable to do so. This includes decisions about treatments, medications, and life-support measures.
Encourage your child to create these legal documents to ensure you can assist them when they need it most.
Maintain Access with a HIPAA Waiver
The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of your child’s medical records once they turn 18. Without a signed HIPAA waiver, healthcare providers cannot share your child’s medical information with you.
A HIPAA waiver allows your child to specify who can access their medical information. Having this in place is crucial during medical emergencies when quick access to health records is necessary.
Open Communication: A Key to a Smooth Transition
As your child steps into adulthood, having open and honest conversations about their legal and financial responsibilities is just as important as having the right legal documents in place. Discuss their healthcare preferences, financial goals, and how they envision your role as they become more independent.
Encouraging your child to take these steps not only provides you with peace of mind but also ensures they are protected and supported as they navigate adulthood.
Take Action Today
If your child is approaching their 18th birthday, it’s time to ensure they have the legal support they need. Contact our firm today to schedule a complimentary consultation. We offer special packages that include essential legal documents for your young adult when you book a Life & Legacy Planning Session with us.
Click here to get a Life & Legacy Planning Session Scheduled
This article is a service of Savannah Law, LLC a Personal Family Lawyer® Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life & Legacy Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today, at 305.504.7822, to schedule a Life & Legacy Planning Session™.
*This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.
