Turning 18: Key Legal Documents for Continued Parental Support

Recently my oldest child turned twelve and decided it would be a great time to remind me that "next year [she] will be a teenager." As I groaned in disbelief at the continuing progress of time, it caused me to reflect on my friends and clients whose children are not just entering the teenage world, but those entering adulthood. 

 

The Transition to Adulthood: What Changes at 18?

Turning 18 is an exciting milestone as your child steps into adulthood. However, this change also brings a significant shift in the level of parental involvement allowed in their affairs. Once they reach legal adulthood, parents no longer have automatic access to their child's medical, financial, or academic records. While this independence is crucial for their growth, it might also pose challenges if emergencies or specific needs arise.

Empowering Parental Support with Key Legal Documents

To continue offering support in crucial areas, it's important to establish four key legal documents that can safeguard your ability to assist your adult child without delays.

Durable Power of Attorney

A Durable Power of Attorney is essential to manage your child's financial matters if they're unable to do so themselves. This document allows you to handle tasks such as paying bills and making financial decisions, ensuring no gaps in financial management even if they're temporarily incapacitated.

Medical Power of Attorney

In matters of health, having a Medical Power of Attorney is critical. This legal document enables you to make medical decisions for your child should they be unable to express their wishes during an illness or accident. Since emergencies can arise without warning, this document helps prevent delays caused by legal or bureaucratic barriers.

HIPAA Authorization

With the Health Insurance Portability and Accountability Act (HIPAA) in place, your ability to access your child's medical information is restricted once they turn 18. A HIPAA Authorization allows you to obtain necessary health information and communicate with healthcare providers, helping you stay informed about their medical conditions and treatments.

FERPA Waiver

The Family Educational Rights and Privacy Act (FERPA) protects students' academic records, and access is restricted once they become legal adults. A FERPA Waiver can be used to maintain your access to their academic information, ensuring that you can help navigate academic concerns such as enrollment, grades, and future planning effectively.

Ensuring Compliance and Consulting a Professional

Legal requirements for these documents may vary based on state or jurisdiction, so it's important to research the specific conditions applicable in your area. Engaging a legal professional can be invaluable in setting up these documents correctly, ensuring they're compliant and enforceable when needed. Prepare now to maintain a supportive relationship as your child transitions into adulthood, while being fully equipped to handle potential challenges along the way.