Important Steps to Take When Your Child Turns 18

Your child’s 18th birthday is an exciting milestone in their life. Not only is he or she a legal adult now, but your “child” may be headed off to college or preparing to live on their own. 

Next thing you know, you receive a call informing you that your child had a medical incident and is in the hospital. You get on the phone with the nurses, but they cannot disclose any medical information because you have not been authorized as your child’s healthcare agent or proxy. 

Execute a Healthcare Proxy/ Declaration 

Once your child appoints a healthcare agent, a proxy or declaration allows that individual to discuss medical information and make medical decisions on your child’s behalf if he or she is incapacitated. The appointed healthcare agent has the final say in which direction to take regarding your child’s medical care. The declaration should be updated every 3-5 years, if possible.

Durable Power of Attorney

Another important document your child should be encouraged to execute is a Durable Power of Attorney. Very similar to a health care proxy, your child appoints someone to act on his or her behalf if incapacitated, but for financial decisions. This person is called an “attorney-in-fact.”

The primary purpose of the durable power of attorney is to prevent the court from appointing a conservator to manage your child’s finances should he or she be unable to make their own, conscious decisions.

An attorney-in-fact can sign anything from financial aid to federal and state tax returns, even if your child has not been employed or has accumulated any assets.

Contact your attorney to help prepare these important documents so you and your family are prepared for your child’s transition to adulthood.