December Blog
December 12, 2023
Dana Heyde
Parents’ Rights End When Children Turn 18. What Can You Do To Protect Them?
Soon after the challenges and excitement of high school, your child has their 18 birthday. From a legal standpoint, this milestone also brings significant changes that every parent should be aware of. Your child gains certain rights and privileges, including the ability to enter contracts, vote, buy property, and make medical decisions for themselves. While this newfound independence is a crucial part of growing up, it can also pose challenges for parents, especially when your child is still financially dependent on you, is in a medical emergency, or requires assistance in managing their affairs due to a disability.
Protect Your Child with Powers of Attorney
A Power of Attorney is a legal tool that allows your child to designate the person they choose to make legal or healthcare decisions on their behalf. There are two common types of Powers of Attorney that can be valuable in this situation: a General Durable Power of Attorney and a Power of Attorney for Healthcare (also known as an Advanced Health Care Directive).
A General Durable Power of Attorney allows your child to appoint someone to manage their financial affairs in the event they become incapacitated or if they just want help managing their finances. With this in place, you can continue to assist your child with financial matters after they turn 18.
However, it’s important to check with your specific institution and possibly set up your child’s accounts in a different way to ensure you have immediate access to them if needed. We’d be happy to discuss which options are best for you and your adult child.
A Power of Attorney for Healthcare grants someone the authority to make medical decisions on your child’s behalf if they are unable to do so, such as medication and treatment options, nutritional needs, and life-support measures. This is crucial to ensure that your child receives the care they want, even if they cannot communicate their preferences.
Stay Informed with a HIPAA Waiver
The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that protects the privacy of individuals’ medical records. Once your child turns 18, their medical information is protected under HIPAA, and healthcare providers are prohibited from disclosing it to anyone without the patient’s explicit consent – parents and family members included.
Having a HIPAA waiver in place can be invaluable during medical emergencies when swift access to medical records is critical. It can also be a valuable tool for young adults who may simply appreciate a parent’s ability to speak to their doctors when they aren’t feeling well or are overwhelmed with the demands of work, college, or both.
Support Their Journey Into Adulthood Through Open Communication
Transitioning to adulthood is a significant step for both parents and children. While legal documents such as Powers of Attorney and a HIPAA Waiver are essential, it’s equally important to have open and honest conversations with your child about their wishes and the responsibilities that come with adulthood.
Discuss their healthcare preferences, financial decisions, and their expectations from you as a parent. Encourage them to consider creating these legal documents not only for your peace of mind but also for their protection.
Next Steps
We invite you to reach out to CKLH at any time, but if you have a teen who is approaching adulthood, reach out to us right away to ensure your child has the legal support and protection they need no matter what adulthood brings. And if you aren’t sure how to talk with your adult child about these legal tools, we can help you start the conversation from a place of love, compassion, and collaboration.
To schedule your Life and Legacy Planning Session, please call (714) 997-7870, or click here to contact CKLH by email.
