In most states, once a child turns 18, their parents no longer have the authority to make health care decisions or manage money for their children.
This means that if a young adult is in an accident and becomes disabled, a parent might need court approval to act on his or her behalf or even to get important information.
Consider this true story from parents who called our office recently. Their 19-year-old college sophomore developed a severe intestinal bug that landed him in the college infirmary after traveling to Mexico for Spring Break. The parents rushed to visit him but were denied any information about their son’s condition by the doctors, who cited privacy concerns.
The college student fully recovered, but his parents were left wondering what would have happened if it became more serious. Who would have been able to make the critical decisions when their son couldn’t do so for himself?
To avoid these or even more severe situations, your child can execute two important legal documents: a Health Care Proxy and a Durable Power of Attorney.
Health Care Proxy is a document that names a person to act on your (child’s) behalf to make healthcare decisions and to discuss treatment options if they become incapacitated. A living will is often paired with a health care proxy and helps the proxy make decisions based on your child’s wishes.
The Durable Power of Attorney authorizes an agent to manage finances and sign legal documents if you become incapacitated. For young adults, this allows the designated agent to access bank accounts, manage their accounts, and gain access to essential documents.