By Carl Zacharia
With high school graduations approaching and graduates’ plans taking shape, many parents feel they’re losing control of their child’s life. In legal terms, this is actually true! Once your child turns 18, they are legally considered an adult with the right to govern their own life.
Before your child reaches 18, you have full access to their medical records and can make decisions regarding their treatment. Similarly, their financial affairs are essentially your financial affairs. However, everything changes when they reach adulthood. Your now-adult child is legally entitled to privacy, and you no longer have the same level of access to or authority over their financial, educational, and medical information.
While this transition is natural, it’s essential to plan for unexpected situations, especially as your child heads off to their next adventure. Here are the critical legal documents every parent should discuss with their new adult:
1. Durable Health Care Power of Attorney
Under the Health Insurance Portability and Accountability Act (HIPAA), once your child turns 18, their health records become private between them and their healthcare providers. These privacy laws prevent you from receiving medical updates if your child cannot communicate their wishes to involve you. Without a HIPAA release, you may face significant obstacles before receiving critical information, including whether your adult child has even been admitted to a hospital.
If your child experiences a medical emergency leaving them unable to communicate, healthcare professionals may legally refuse to share information with you or allow you to make medical decisions on their behalf. Without proper documentation, you might need to petition a court to be appointed as your child’s legal guardian—adding legal complications during an already stressful time.
A Durable Health Care Power of Attorney enables your child to designate you or another trusted person to make medical decisions if they become unable to express their wishes. Many institutions now offer digital options for storing these documents, making them more readily accessible in emergencies.
2. Durable Financial Power of Attorney
Like medical information, your 18-year-old’s finances are also legally private. If your child becomes incapacitated without a Durable Financial Power of Attorney in place, you cannot access their bank accounts or manage their financial affairs. This could lead to missed bill payments, scholarship deadlines, or other financial complications.
Even absent a crisis, a financial power of attorney can be helpful for situations that arise when your child is away at college or traveling. For example, if your son is studying abroad and cannot access his accounts, a Durable Financial Power of Attorney would authorize you or another designated person to handle the issue.
Some parents consider joint bank accounts as an alternative, but this approach often creates unintended consequences regarding taxes, financial aid eligibility, and potential creditor issues. Most financial advisors now recommend a power of attorney as a cleaner solution that maintains appropriate boundaries.
Digital Assets Access
In today’s digital world, modern powers of attorney should contain digital asset provisions that can include language granting access to email accounts, social media, cryptocurrency, and other digital assets—which can be crucial in certain situations.
Getting Started
If you have a child who has turned 18, contact Zacharia Brown & Bratkovich at 239.345.4545 to schedule an appointment for your young adult to execute these crucial documents. We have created POAs specifically designed for high school grads, making the process more accessible than ever.
Remember, these conversations aren’t about maintaining control – they’re about ensuring your child’s wishes can be honored and their needs met in case of emergency.
Schedule a consultation today by calling 239.345.4545 or by visiting ZacBrownLaw.com to learn how we can help you to protect what matters most.
Zacharia Brown – Estate Planning and Elder Law Attorney
Bonita Springs
26811 South Bay Drive, Suite 260
Bonita Springs, FL 34134
(239) 345-4545
Lakewood Ranch
8470 Enterprise Circle, Suite 300
Lakewood Ranch, FL 34202
(239) 345-4545