Transition to Adulthood: What Happens Legally When My Child Turns 18?
Navigating Legal Changes at Your Child’s 18th Birthday
As your child approaches their 18th birthday, it marks a significant transition into adulthood with newfound rights and responsibilities. From a legal perspective, this milestone brings about important changes that every parent should understand and prepare for.
The Legal Implications of Turning 18
At 18, your child becomes a legal adult, which means they gain autonomy over decisions that were previously made by their parents. This includes legal, financial, and healthcare matters. For parents, this shift can be profound, especially in critical situations where your child may need assistance but legally, you no longer have authority.
For instance, if your 18-year-old is hospitalized and unable to communicate, healthcare providers cannot share medical information with you without their explicit consent. Similarly, financial institutions may restrict your access to your child’s accounts unless you are a designated co-owner.
Tools to Navigate New Responsibilities
Powers of Attorney
Encouraging your child to establish Powers of Attorney (POA) can be crucial. A General Durable Power of Attorney allows them to designate someone to manage financial affairs if they are incapacitated or need assistance. This ensures that you can continue to support them with financial matters.
A Power of Attorney for Healthcare grants authority to make medical decisions on their behalf if they are unable to do so. This includes decisions on treatment options, medication, and other healthcare needs. These documents are essential safeguards to ensure your child’s wishes are honored during medical emergencies.
HIPAA Waiver
Under the Health Insurance Portability and Accountability Act (HIPAA), once your child turns 18, their medical information becomes private. To maintain access to their medical records, encourage your child to complete a HIPAA waiver. This document authorizes healthcare providers to disclose medical information to specified individuals, such as parents or trusted family members, in critical situations.
Supporting Their Journey into Adulthood
While legal documents are vital, open communication is equally important. Engage in discussions with your child about their preferences regarding healthcare, financial decisions, and their expectations from you as a parent. Encourage them to proactively create these documents not only for your peace of mind but also for their own protection and autonomy.
Conclusion
As your child prepares to become a legal adult, ensuring they have the necessary legal tools in place is essential. These steps not only provide practical support but also foster a deeper understanding of their rights and responsibilities as they navigate adulthood. Reach out to us to learn more about how we can assist your family in preparing for this important milestone.
If you’re unsure how to broach these topics with your adult child, we’re here to help facilitate these conversations with care and expertise. Schedule a complimentary consultation today to ensure your child has the legal support they need as they embark on this new chapter of life.
This article is a service of Zarda Law, S.C. We do not just draft documents; we ensure you make informed decisions about life and death, for yourself and the people you love. That's why we offer a Legacy Planning Session, during which you will get financially organized and make all the best choices for the people you love. You can begin by scheduling a Legacy Planning Session and mention this article to find out how to get this $750 session at no charge.
