Your Child Just Turned 18: Estate Planning Considerations for Young Adults

Graduation, college move-in days, and milestone birthdays often mark important transitions for families. One change that may receive less attention is the legal transition that occurs when an individual reaches age 18.

Under the law, an 18-year-old is generally considered an adult. As a result, certain legal, medical, and financial decisions may be handled differently than when that individual was a minor.

What Changes at Age 18?

Once an individual reaches adulthood, parents generally no longer have automatic authority to access certain records or make decisions on behalf of their adult child.

Depending on the circumstances and applicable law, access to medical information, financial matters, and decision-making authority may require specific legal documentation.

Common Planning Documents for Young Adults

Many families choose to discuss certain estate planning and healthcare documents when a child reaches age 18.

1. HIPAA Authorization

A HIPAA Authorization may permit healthcare providers to share medical information with designated individuals.

The scope and use of the authorization depend on the terms of the document and applicable law.

2. Health Care Surrogate Designation

A Health Care Surrogate Designation may identify an individual authorized to make healthcare decisions if the person is unable to make decisions independently.

The authority granted depends on the document's terms and applicable legal requirements.

3. Durable Power of Attorney

A Durable Power of Attorney may authorize another individual to act on behalf of the principal in specified financial or legal matters.

The authority granted depends on the terms of the document and Florida law.

Reviewing Documents Before They Are Needed

These documents are generally executed while the individual has legal capacity and before any potential need arises.

For many families, a child turning 18 serves as an opportunity to review whether legal and healthcare planning documents may be appropriate.

Additional Considerations

Families whose children attend school outside of Florida may wish to review whether planning documents meet the requirements of the applicable jurisdiction.

Major life events, including reaching adulthood, are often occasions for reviewing existing estate planning documents and beneficiary designations.

Conclusion

Turning 18 is an important legal milestone. Depending on individual circumstances, certain healthcare and estate planning documents may be considered as part of a broader planning strategy.

Estate planning decisions vary based on individual circumstances and applicable law.

This blog post is for informational purposes only and does not constitute legal advice. Please consult with an attorney regarding your specific situation.