By Jon Carroll
Once your child turns 18, their legal status changes. Parents lose the legal authority they have relied on for nearly two decades. Even if that child is still living at home, the law now considers them an adult. In an emergency, a hospital may refuse to share information. A bank may decline to speak with a parent. A university may withhold academic records.
We all want our children to become independent, to make their own decisions and to learn to navigate the world, but there are still times when it can be valuable for a parent, guardian or other trusted person to be able to make decisions, access certain records and obtain information on the child’s behalf. Therefore, once your child reaches this milestone birthday, parents and guardians should have a conversation with their young adult and determine whether it makes sense for the 18-year-old to have certain basic documents in place to help navigate unexpected situations.
Of course, as the child is now a legal adult, the decision to sign these documents and who to grant authority to act for them is ultimately the child’s decision to make.
Durable Power of Attorney
Once a child turns 18, parents no longer have the authority to handle financial or legal matters without written authorization. A Durable Power of Attorney allows the young adult to appoint a trusted adult, such as a parent, to manage financial affairs if needed.
This document can be critical if issues arise involving a lease, car purchase, banking problem, insurance claim, or suspected fraud. Without it, a parent may be unable to act, even when time is of the essence. In Florida, Durable Powers of Attorney must comply with specific statutory execution requirements to be valid.
However, you should be aware that for a Power of Attorney to remain valid while incapacitated, the Power of Attorney must take effect when it is signed. This means that upon signing a Power of Attorney, the agent has a great deal of authority over the child’s financial and legal matters.
Designation of Health Care Surrogate
Medical privacy laws strictly limit access to an adult patient’s health information. Once a child turns 18, doctors and hospitals generally cannot discuss medical conditions or treatment with parents without authorization.
A Designation of Health Care Surrogate allows the student to name someone to make medical decisions if they are unable to do so. It also permits access to medical records and communication with healthcare providers.
HIPAA Authorization
Some may not wish to grant full decision-making authority but still want their parents to have access to medical information. A standalone HIPAA authorization allows designated individuals to receive medical updates without broader powers. This can provide reassurance while preserving the student’s independence.
Typically, when you attend a doctor’s appointment or other medical visit, a HIPAA release is amongst the myriad of documents you will sign at check-in.
Living Will
Although difficult to contemplate, a Living Will allows a young adult to state their wishes regarding life-prolonging procedures in the event of a terminal condition or persistent vegetative state. By documenting their decisions, family members are relieved from guessing their loved ones’ wishes during an emotionally turbulent time.
FERPA Authorization
The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student education records. Although FERPA permits colleges and universities to disclose records to parents if the student is claimed as a dependent for federal income tax purposes, the law does not require schools to do so. Institutions often require proof of dependency and may have their own internal policies governing disclosure. Colleges and universities will have their own FERPA release form, which is often found on the institution’s website.
Preparing these documents is typically straightforward and relatively inexpensive. More importantly, they remove legal obstacles during times of stress. Having the conversation about your child’s wishes is an important part of adulting.
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