619-515-1498Essential Legal Documents for 18-Year-Olds and Young Adults
As young adults turn 18, having the right legal documents in place becomes crucial for protecting their rights and ensuring smooth transitions into adulthood. Essential legal documents for 18-year-olds and young adults include a durable power of attorney, which allows a trusted person to make financial and legal decisions on their behalf if they become incapacitated. A healthcare proxy or medical power of attorney is also vital, designating someone to make medical decisions if they are unable to do so themselves. Additionally, a HIPAA release form ensures that designated individuals can access medical information. Establishing a basic will helps in outlining how they wish their assets to be distributed. These documents provide peace of mind and safeguard their future, making it essential for every young adult to have them in place.
Understanding the Need for Legal Documents: Even if an 18-year-old is still in high school or covered by parental health insurance, their parents’ automatic legal entitlement to protected records—academic, financial, and medical—expires. In California, parents require the adult child’s legal consent, expressed through specific legal documents, to access these records. To this end, parents are advised to consult an estate planning lawyer to prepare the following documents for their child upon turning 18:
Understanding a HIPAA Waiver:
HIPAA, established in 1996, restricts healthcare professionals from sharing adult medical data without signed authorization. This includes medical records, insurance information, and billing data. A HIPAA authorization form empowers insurance providers and healthcare practitioners to share medical information with trusted parties, ensuring seamless communication.
Exploring a Durable Power of Attorney:
Preparation of this document is crucial in case of sudden injury, disability, or incapacitation. By naming an agent (or “attorney-in-fact”), you ensure that financial matters are managed, bills are paid, and decisions regarding real estate are made, even in your absence.
Unveiling the Healthcare Proxy:
A healthcare proxy designates you as the “medical agent” for your adult child, allowing you to make medical choices when they can’t. By avoiding court-appointed guardianship, you ensure quick and informed healthcare decisions.
Considering a FERPA Waiver:
While not mandatory, a FERPA waiver allows continued parental involvement in education after your child’s 18th birthday. By ensuring access to academic records, grades, and disciplinary actions, you support your child’s educational journey.
Turning 18 marks a legal transition into adulthood, signifying a shift in the relationship between parents and their child. Preparing and signing essential legal documents is a prudent step, ensuring preparedness for unforeseen emergencies and providing a platform for important conversations about personal goals and concerns. At Lavelle Law Group, LLC we are happy to talk with you ahead of the child’s 18th birthday or thereafter if they’re already an adult. This proactive approach secures a child’s future while nurturing open dialogues within the family and peace of mind for Mom & Dad.
We hope this helps give you some perspective and information and look forward to talking with you. If you’re interested in creating an estate plan to protect your family and loved ones, and keep them out of court and conflict, we would love to speak with you. Reclaim Your Legacy!
We hope this helps give you some perspective and information and look forward to talking with you. If you’re interested in creating an estate plan to protect your family and loved ones, and keep them out of court and conflict, we would love to speak with you. Reclaim Your Legacy!
Book your free 15-minute discovery call here.
In Your Service,
PS – In my mind, the real purpose of a properly executed Estate Plan is to take care of the people you love, protect your family for the future, maximize the assets you pass on to the people you love and cherish, and keep your family out of Court and out of Conflict. This is a very important and noble part of LIVING! Lavelle Law Group, APC would be honored to help educate you and assist you and your family with this important part of life.
Let’s talk –
Joseph Lavelle (Lavelle Law Group)
1350 Columbia Street, Suite 500
San Diego, CA 92101
(619) 515-1498
