Essential Legal Documents for Your 18-Year-Old: What Every Parent Needs to Know
Turning 18 is a significant milestone in a young person's life. It marks the transition into adulthood, bringing newfound independence and responsibilities. While this is an exciting time for both parents and their children, it also comes with legal implications that many families overlook.
Did you know that once your child turns 18, you no longer have automatic access to their medical, financial, or academic records? Without the proper legal documents in place, you may find yourself unable to assist them in an emergency. Fortunately, a few key documents can help ensure that you remain involved and able to support them when needed.
Four Essential Documents Every 18-Year-Old Should Have
Durable Power of Attorney A durable power of attorney allows you to manage your child's financial affairs if they are unable to do so themselves. Whether it's paying bills, handling bank accounts, or making critical financial decisions, this document ensures that you can step in if necessary. Without it, you may need to go through a costly and time-consuming court process to gain financial authority in an emergency.
Health Care Proxy A health care proxy grants you the ability to make health care decisions on your child’s behalf if they become incapacitated due to an illness or injury. Without this document, you might be unable to access their medical records or make urgent medical decisions, which could delay essential treatments.
HIPAA Waiver The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of medical records, which means that once your child turns 18, their health information is no longer automatically accessible to you. By signing a HIPAA waiver, your child can authorize health care providers to share medical information with you, allowing you to stay informed about their health.
FERPA Waiver (Optional) The Family Educational Rights and Privacy Act (FERPA) protects students’ educational records, including grades, disciplinary actions, and academic progress. If your child attends college and you want access to these records, they will need to sign a FERPA waiver. While this document is optional, it can be beneficial for parents who want to stay informed about their child’s academic standing.
Understanding State-Specific Requirements
Each state has different laws regarding these legal documents, so it’s crucial to ensure that the paperwork aligns with the requirements of the state where your child resides or attends college. Consulting with an attorney can help you navigate these regulations and ensure everything is in order.
Take Action Before It’s Too Late
While no one likes to think about worst-case scenarios, being proactive can prevent unnecessary stress and complications down the road. Ensuring these documents are in place before an emergency arises allows you to support your child without legal barriers.
If you need assistance drafting these documents or have any questions about the process, don’t hesitate to reach out. And if you know other parents with children approaching adulthood, feel free to share this information with them. Taking these steps now can provide peace of mind for both you and your child as they embark on this new stage of life.