If your child is navigating their teenage years or heading off to college, you may already feel like you are losing a bit of control over their daily life. Legally speaking, this becomes a reality the moment your child turns 18. In the eyes of the state, they are now an adult with the exclusive legal right to govern their own life.
Up until their 18th birthday, you are legally entitled to access your child’s medical records, make decisions regarding their healthcare, and manage their finances. Once they turn 18, that access abruptly ends. Your now-adult child is legally entitled to absolute privacy, meaning you no longer have automatic authority over their medical, educational, or financial information.
While everything is fine as long as they are healthy and safe, it is crucial to plan for the unexpected. Before your child heads out into the adult world, ensure they have a basic estate plan in place that includes these three vital components:
1. Health Care Proxy with HIPAA Release
Under the Health Insurance Portability and Accountability Act (HIPAA), an 18-year-old’s health records are strictly between them and their healthcare provider. This privacy wall prevents doctors from even giving you medical updates if your child is incapacitated and unable to grant permission. Without a HIPAA release, you could face immense obstacles just trying to find out if your child has been admitted to a specific hospital.
If your child suffers a medical emergency and cannot communicate, medical professionals may legally refuse to speak with you or let you direct their care. To intervene, you could be forced to hire an attorney and petition a court to be appointed as your child’s legal guardian. In a medical crisis, your only concern should be your child’s recovery, not navigating expensive and stressful court proceedings.
A Health Care Proxy with a HIPAA Release enables your child to designate you (or another trusted adult) to receive medical information and make critical healthcare decisions on their behalf if they cannot do so themselves.
2. Durable Power of Attorney
Just like medical information, an 18-year-old’s finances are entirely private. If your child becomes incapacitated, a Durable Power of Attorney is the only way you can access their bank accounts, pay their bills, or manage their credit cards without petitioning a court for a conservatorship.
Even outside of an emergency, this document is incredibly practical when a child is away at college or traveling abroad. If an issue arises—like a locked bank account or a stolen debit card while traveling—a Durable Power of Attorney gives you the legal authority to step in and resolve the issue for them.
(Note: Some parents try to circumvent this by opening joint bank accounts with their adult children. This is rarely recommended, as it can cause unintended consequences regarding taxes, financial aid applications, and creditor liabilities.)
3. Will
Your 18-year-old legally owns any funds they have earned or that were given to them as a minor. In the catastrophic event that your child passes away before you, their assets will go through probate and pass to their heirs (which, in most states, are the parents).
If you have carefully structured your own estate plan to minimize taxes or protect assets, unexpectedly inheriting your child's assets could frustrate those larger planning goals. Furthermore, writing a Will gives your young adult the agency to leave their personal property, a beloved pet, or financial assets to siblings, friends, or a favorite charity.
While a Will might seem less urgently necessary than a Health Care Proxy or Power of Attorney, having all three documents in place prevents parents from having to go to court just to secure the legal authority to help their own child.If you have a child or grandchild approaching adulthood, talk to your elder law and estate planning attorney about getting these three crucial documents executed.
Berger Estate & Elder Law P.A. has been serving Kansas City for over 30 years providing Trusted Council with Proactive Solutions. Call us today at (913) 491-6332, visit our website berger-lawfirm.com or stop by our conveniently located offices at 11233 Nall, Suite 140 Leawood, KS 66211 for more information.
Up until their 18th birthday, you are legally entitled to access your child’s medical records, make decisions regarding their healthcare, and manage their finances. Once they turn 18, that access abruptly ends. Your now-adult child is legally entitled to absolute privacy, meaning you no longer have automatic authority over their medical, educational, or financial information.
While everything is fine as long as they are healthy and safe, it is crucial to plan for the unexpected. Before your child heads out into the adult world, ensure they have a basic estate plan in place that includes these three vital components:
1. Health Care Proxy with HIPAA Release
Under the Health Insurance Portability and Accountability Act (HIPAA), an 18-year-old’s health records are strictly between them and their healthcare provider. This privacy wall prevents doctors from even giving you medical updates if your child is incapacitated and unable to grant permission. Without a HIPAA release, you could face immense obstacles just trying to find out if your child has been admitted to a specific hospital.
If your child suffers a medical emergency and cannot communicate, medical professionals may legally refuse to speak with you or let you direct their care. To intervene, you could be forced to hire an attorney and petition a court to be appointed as your child’s legal guardian. In a medical crisis, your only concern should be your child’s recovery, not navigating expensive and stressful court proceedings.
A Health Care Proxy with a HIPAA Release enables your child to designate you (or another trusted adult) to receive medical information and make critical healthcare decisions on their behalf if they cannot do so themselves.
2. Durable Power of Attorney
Just like medical information, an 18-year-old’s finances are entirely private. If your child becomes incapacitated, a Durable Power of Attorney is the only way you can access their bank accounts, pay their bills, or manage their credit cards without petitioning a court for a conservatorship.
Even outside of an emergency, this document is incredibly practical when a child is away at college or traveling abroad. If an issue arises—like a locked bank account or a stolen debit card while traveling—a Durable Power of Attorney gives you the legal authority to step in and resolve the issue for them.
(Note: Some parents try to circumvent this by opening joint bank accounts with their adult children. This is rarely recommended, as it can cause unintended consequences regarding taxes, financial aid applications, and creditor liabilities.)
3. Will
Your 18-year-old legally owns any funds they have earned or that were given to them as a minor. In the catastrophic event that your child passes away before you, their assets will go through probate and pass to their heirs (which, in most states, are the parents).
If you have carefully structured your own estate plan to minimize taxes or protect assets, unexpectedly inheriting your child's assets could frustrate those larger planning goals. Furthermore, writing a Will gives your young adult the agency to leave their personal property, a beloved pet, or financial assets to siblings, friends, or a favorite charity.
While a Will might seem less urgently necessary than a Health Care Proxy or Power of Attorney, having all three documents in place prevents parents from having to go to court just to secure the legal authority to help their own child.If you have a child or grandchild approaching adulthood, talk to your elder law and estate planning attorney about getting these three crucial documents executed.
Berger Estate & Elder Law P.A. has been serving Kansas City for over 30 years providing Trusted Council with Proactive Solutions. Call us today at (913) 491-6332, visit our website berger-lawfirm.com or stop by our conveniently located offices at 11233 Nall, Suite 140 Leawood, KS 66211 for more information.
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