07/10/2022
An Adult at the Age of 18!
When your child turns 18, they are legally adults. They can vote, sign contracts, make their own health care decisions, etc. You may not see much change in their ability to do their laundry, but they are indeed adults. So, should you encourage estate planning for your child heading for college, technical schools, post-high school specialized education, and job skills training? Absolutely yes!
Typically, parents want to continue to assist (and do) with financial and health care decisions, among others. However, now that your child has turned 18, those things that were in your control or information accessible to you are no longer automatically available—for instance, financial accounts, health records (including making medical decisions), and even their grades in school.
We recommend all individuals, once they turn 18 consider signing the following documents: Health Care Surrogate, Durable Power of Attorney, Living Will, and Designation of Pre-Need Guardian. If your child, who is now an adult, becomes incapacitated, you can access their medical records and financial accounts without going to court. Signing these documents will ensure that if they need your help and guidance, you’ll have the legal authority to provide it for them.
Healthcare Surrogate
A healthcare surrogate allows your child to name an individual (their parent, for instance) who can make healthcare decisions for them if they cannot make decisions for themselves. For example, this authority allows you to make medical decisions if your child is unconscious due to an accident, etc.
Also, consider having your child sign a HIPAA authorization which would allow you to continue to access their medical records (not necessarily just when they cannot make decisions).
Durable Power of Attorney
Suppose your child becomes incapacitated or is on a trip around the world (doing that study abroad program they always dreamed of). In that case, you will also need a durable power of attorney to access their financial accounts and manage their financial affairs. If you do not have a validly signed durable power of attorney from your child, you may have to go to court to access those accounts.
The durable power of attorney gives authority to manage financial and legal matters, such as paying bills, applying for Social Security benefits, and managing banking and other financial accounts.
Living Will
This document is frequently confused with a regular Last Will and Testament that identifies who would receive your assets after your lifetime. A Living Will provides specific guidelines for how medical care should occur at the end of life. The individual would decide which medical treatment will be provided for them at the time of their impending death. For example, a living will address issues such as if they would require ventilators, respirators, etc. Your child may have specific wishes for their end-of-life care, so discuss these decisions with them and have such provisions documented.
Each year, we have students come in to sign their documents. We are often impressed with how seriously they take this process and the excellent questions they ask to understand the documents thoroughly. Families are universally relieved to have the documents in hand, so if your child is turning 18, give us a call to start the process today. We are here to help.
Catherine E. Davey, JD, LL.M
