It’s late summer, the time of year that most kids dread, and parents relish—Going back to school! If you’re sending an 18-year-old back to high school or on to college, you may be surprised that they are actually “adults” and you may not be able to make their medical decisions, help with finances or access their medical records.
Recently, my 18-year-old reminded me that under Texas law he is actually considered an adult. While he lost the curfew debate after I invited him to exercise his rights as an adult to make a mortgage payment, he is correct–he is considered an adult when it comes to many important life decisions.
At age 18, there are decisions young adults can’t make until they reach 21, like buying and consuming alcohol and nicotine and buying a handgun. But there are many important life decisions that an 18-year-old can make on their own, like voting, making a will, marrying, opening bank accounts, signing contracts, and consenting to medical treatment.
To help your young adult with these important life decisions, ask them name you as their Agent under a power of attorney (a “POA”). A POA designates an agent (you) and authorizes you to make financial and medical decisions for the principal (them) and to access their medical records. Consider the Statutory (Financial) Power of Attorney, Medical Power of Attorney, and a HIPAA Release to start. Without these documents, parents of young adults can’t help with finances, medical appointments, consent to medical care, or access medical records of their 18-year-old. So, before you send them back to school, talk to your young adult and ask your estate planning attorney to draft the appropriate documents that will allow you to support them in these important life decisions.
Timothy Wilson’s practice centers on estate planning, probate, business law and related matters. Tim is a veteran of the U.S. Air Force where he served as a telecommunications technician. The attorneys at Hammerle Finley Law Firm are available for consultations in person, via Zoom, or via telephone to discuss your concerns and estate planning goals. Allow us to help you achieve them.
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