As parents, we’re used to stepping in whenever our children need help – especially when it comes to medical or financial decisions. But the moment your child turns 18, the law sees them as an adult. That means you no longer have automatic authority to access their medical information or make decisions for them, even in an emergency.
This is often a shock for parents, especially when a young adult is away at college, traveling, or living out of state. If they’re injured or hospitalized and unable to give consent, doctors may not be able to speak with you at all. Without the right legal documents, you may be left completely in the dark during a medical crisis.
Understanding these legal boundaries – and preparing in advance – can make all the difference for your family.
Why You Lose Access at Age 18
Once your child becomes a legal adult, strict medical privacy laws apply, including HIPAA. These laws protect your young adult’s medical information, but they also limit what parents can be told without written permission.
This means that even if you’re paying the tuition, the insurance premiums, or the medical bills, you are not automatically entitled to updates or involvement in your child’s care.
If your young adult is unconscious, sedated, or otherwise unable to consent, you may have no legal right to help – even in a true emergency – unless they have signed the proper documents ahead of time.
The Three Essential Documents Every Young Adult Needs
Fortunately, there are three key legal tools that allow your young adult to name you (or another trusted adult) to receive medical information and make decisions during an emergency. These documents work together to ensure you can step in if your child cannot speak for themselves.
Laws vary by state, so it’s important to work with an estate planning attorney to ensure everything is completed correctly.
1. HIPAA Authorization
A HIPAA Authorization allows your young adult to name the individuals who may access their medical information.
With this form:
- Hospitals and doctors can speak with you directly
- You can receive updates on your child’s condition
- You can help coordinate care during a crisis
Your young adult can also choose to keep certain information private, such as mental health, sexual health, or substance-related records.
2. Medical Power of Attorney
A Medical Power of Attorney (also called a Health Care Proxy) allows your young adult to name someone – often a parent – to make medical decisions if they cannot.
This is especially important if they experience:
- A serious accident
- Surgery
- A sudden illness
- Any situation where they cannot speak for themselves
Each state has its own requirements and approved forms, so it’s crucial to use the correct document for the state your child lives in.
3. Durable Financial Power of Attorney
A Durable Financial Power of Attorney gives a trusted adult authority over financial matters if your young adult becomes incapacitated.
This allows you to help with:
- Paying rent or bills
- Accessing bank accounts
- Handling tuition matters
- Signing tax returns
- Managing insurance issues
Because this document grants broad authority, it should only be given to someone your young adult trusts completely.
Preparing for the Unexpected
The transition from childhood to adulthood happens quickly, and many families don’t realize how much changes at age 18. When young adults head off to college or move out for the first time, they often don’t think about medical or legal emergencies – but we know they can happen at any moment.
Having these documents in place ensures:
- You can receive information in an emergency
- Someone your young adult trusts can make decisions if needed
- Financial and administrative matters don’t fall through the cracks
- Your family avoids unnecessary delays or court involvement
As an estate planning attorney, I help families create these protections every day. I recommend including your young adult in the conversation so they understand what these documents do and why they matter.
Taking these steps now gives your family clarity, connection, and peace of mind – no matter where life takes your young adult next.
At Cheever Law, APC, we don’t just draft documents; we ensure you make informed and empowered decisions about life and death for yourself and the people you love, starting with a valuable and educational Family Wealth Planning Session. The Life & Legacy Planning Session will allow you to get more financially organized and make the best choices for the people you love. If you have already completed your estate plan, we will review that plan at your Life & Legacy Planning Session (aka Family Wealth Planning Session) to ensure that it will work the way you intend and address any holes or gaps that may be present if circumstances have changed since you executed your plan.
To learn more about our one-of-a-kind systems and services, contact us or schedule a 15-minute introductory call today.