As adolescents overcome the challenges of puberty and embrace the excitement of high school, a more significant milestone awaits: their 18th birthday. This moment signifies the transition from childhood to adulthood, accompanied by a host of new responsibilities and rights. From a legal perspective, this juncture ushers in substantial changes that demand parental attention.
Legal Implications at 18
At the age of 18, the law recognizes an individual as a legal adult. This designation grants your child specific rights and privileges, including the capacity to enter contracts, cast votes, acquire property, and make medical decisions independently. While this newfound autonomy is a vital aspect of maturing, it can present challenges for parents, particularly in situations where adult children require assistance or decision-making support.
Changes in Parental Role
Upon reaching 18, your authority to make legal, financial, and healthcare decisions for your child undergoes a significant shift. In instances where your 18-year-old is hospitalized and unable to communicate their preferences, healthcare providers are legally restricted from sharing their medical information with you. Likewise, financial institutions require explicit consent or co-ownership for account access and decision-making.
Addressing the Transition
To address these challenges, legal tools like Powers of Attorney offer crucial support. A General Durable Power of Attorney empowers your child to appoint someone to manage their financial affairs, ensuring continued assistance post-18. However, it is important to verify with financial institutions their policies on recognizing Powers of Attorney.
Empowering Healthcare Decisions
A Power of Attorney for Healthcare grants designated individuals the authority to make vital medical decisions on behalf of your child, encompassing medication choices, treatment options, nutritional needs, and life-support measures. This ensures your child receives the care they desire, even when unable to communicate their preferences.
Maintaining Access with a HIPAA Waiver
At 18, your child’s medical information is safeguarded by the Health Insurance Portability and Accountability Act (HIPAA). This law prohibits healthcare providers from disclosing such information without explicit consent, including to parents and family members. To maintain access, your child must complete a HIPAA waiver, allowing healthcare providers to share medical information with specified individuals.
Encouraging Open Communication
In addition to legal safeguards, open and honest conversations with your child about their wishes and the responsibilities of adulthood are paramount. Encourage them to consider creating these legal documents, not only for your peace of mind but also for their own protection.
Transitioning into adulthood entails careful consideration of legal implications and open communication with your child. We are here to support you in ensuring your child has the necessary legal protections and support as they embark on this new chapter. Schedule a complimentary call today to learn more about our services and special offers.
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 Life & Legacy Planning Session. This 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 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 no-obligation 15-minute introductory phone call today.