Estate Planning is a Family Affair: The Legal Documents your young adult children should have

Every summer we have the opportunity to meet with several newly minted 18 year olds before they head off to college for the first time.   These super responsible young adults come to us – often at the urging of their parents who are our clients – to sign some basic and very important estate plan documents that will enable a parent to make important life decisions for them in an emergency.

We had our first meeting this week with the daughter of a client who came in to sign her Health Care Proxy, Living Will, HIPAA release, and Durable Power of Attorney before she headed off on her summer and college adventures.  These meetings are especially fun ones for us estate planning lawyers.  We get to meet some responsible young adults and relive (if only for a few short minutes) the excitement of pre-college preparation and anticipation. 

If you have a young adult child heading off into the real world this fall, we recommend that he or she sign estate plan documents.  When a child turns 18 and becomes a young adult, his or her parents no longer have the legal ability to make medical and financial decisions for the child.   Yet, in an emergency the young adult may need the parent to step in to make decisions.  Without legal authority in place, the parent may not be allowed to do that.  To be sure the parent is able to help, the young adult child should in advance sign the following documents:

Health Care Proxy – In this document, the child authorizes the parent to make health care decisions on his or her behalf.

Living Will – In this document, the child expresses his or her wishes about health care, particularly end-of-life health care, so that a parent has the ability to make end-of-life decisions on the child’s behalf.

HIPAA Release – In this document, the child releases his or health care information to the parent get access to the child’s health care information.

Durable Power of Attorney – In this document, the child authorizes the parent to make financial decisions on his or her behalf.  This will enable the parent to assist a child in financial matters, such as paying bills, opening or closing bank accounts, negotiating leases, and dealing with health insurance companies.

Although most young adults will name a parent in these documents, it is not required.  The young adult child can name another trustworthy adult – a guardian, aunt or uncle, grandparent, or older sibling.

Entering the real world for the first time can be complicated.  We’re happy to help your family get these documents in place.  It’s fast, easy and inexpensive.  And we’ll have the pleasure of meeting your young adult children!

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