Off to College: Legal Planning for Young Adults
The purpose of this article is to address concerns some parents and young adults may have during a major transition into living independently. The article explores legal tools that can be beneficial in creating a safety net, should any issues arise.
There are many freedoms that come with turning 18 and becoming an adult, including the responsibility of making your own decisions. It’s an exciting milestone bringing many new changes and opportunities. Whether your child is going college, trade school, or starting their first adult job, they will have the challenge and privilege of learning how to navigate the world. Turning 18 means that the parent(s) no longer have any legal authority to make decisions for their child, even if the child wants them to be able to. If your child gets in an accident, gets sick, or simply needs help with managing finances (or student loans) while away at school, the parent is automatically locked out of those decisions unless your child gives you the specific legal authority to act on their behalf. Saying “I’m her mother, she would want me to do this” to the bank teller or doctor isn’t going to get you anywhere.
How can I continue to help my child after they turn 18?
A Power of Attorney grants another person the ability to make financial and legal decisions on someone’s behalf. See our blog covering that topic here. The Power of Attorney is a great tool for children who want their parents to be able to help them in emergencies.
What happens if my child experiences a medical event?
Privacy laws like HIPAA keep our health information safe. It prevents anyone from getting your healthcare information unless they have explicit authority to access it. These laws also prevent parents from accessing their, now adult, child’s healthcare information unless the child has specifically consented to the release of information and kept that release on file with that healthcare provider. Most newly 18-year-olds highly value this new found privacy. Understandably, they may not want mom to check in with their doctor about every single visit.
Thankfully, there are options that are flexible to meet each person’s needs. There are blanket authorizations for release like the “HIPAA Release of Information”. This form can be executed to give blanket access to anyone that is on that form, which can be a list of people as long or as short as you would like. These releases are usually most fitting for older adults, who want all of their kids or loved ones to be able to check in on them if they have a medical event. For younger adults, that list is usually pretty short. An alternative, is to name a parent, parents, or another trusted adult as an Advanced Medical directive agent, which has been covered in another blog. These agents can be authorized to only have access to your healthcare information in the event of an emergency, when the person needing care cannot make decisions for themselves.
Remember to keep these documents up to date. If you have any of your own, dust them off and make sure they are on file with the financial and healthcare institutions that may need them.
- Attorney Allison Dean
