Thursday, December 4, 2025

Legal Talk Texas: Back to school, a season for planning for the unexpected

Whether you’re a parent sending a child off to kindergarten or a young adult heading to college, the back-to-school season is a powerful reminder that life changes quickly. And when it does, proper legal planning can make all the difference.

For parents of young children, now is the time to confirm that you’ve named legal guardians in a valid will. If something happens unexpectedly, the person you’ve chosen can step in to provide care and stability during a difficult time. This not only protects your children but also ensures the decision stays in your hands—not a judge’s.

If your child is turning 18, you may be surprised to learn you no longer have automatic access to their medical or financial information. Once a child becomes a legal adult, parents lose the ability to speak with doctors, access health records, or manage bank accounts unless legal documents are in place. Young adults, especially those heading to college, should consider signing a medical power of attorney, HIPAA release, and durable power of attorney—just in case help is needed.

For families of children with special needs, the stakes are even higher. After age 18, parents lose the authority to make educational, medical, or legal decisions unless guardianship is established through the courts. If your child is nearing adulthood, it’s important to start that process early to avoid disruptions in care or services.

This season is a great time to not only prepare for the academic year, but also to ensure your legal plans are current—laying a foundation for your children’s safety, stability, and future success.

Attorney Samantha Stevenson is an attorney at Hammerle Morris Law Firm, a boutique law firm offering services in estate planning, probate, guardianship, business law, litigation, and real estate.  Contact her at (972) 436-9300. This article does not constitute as legal advice.

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