Beyond the Party Hats: Considerations as Your Child Turns 18

It’s a milestone birthday – 18! For many families in South Central Kentucky, this marks a moment of celebration, newfound freedom, and often, a lot of excitement for what’s next.

Your teenager can now vote, sign their own contracts, and make many independent decisions. This is fantastic and a testament to their growing maturity.

However, as a family law attorney, I often see a crucial detail get overlooked in the excitement of this transition: the legal implications for both the parents and the new adult. Once your child is legally considered an adult in Kentucky, this means that you no longer have automatic access to their medical information, financial accounts, or even their academic records. This can come as a shock to parents who are still very much involved in their young adult’s lives, especially if those young adults are still living at home or attending college.

Preparing for this shift isn't about control; it's about thoughtful planning and ensuring your family is equipped to handle unforeseen circumstances. Here are a few essential legal documents your teen should consider having in place as they turn 18.

1. HIPAA Authorization Form

The need for this document is, for most parents, often the most surprising. HIPAA is a federal law that protects a person's medical information. Once your child turns 18, healthcare providers cannot legally share their medical information with you, even if they are still on your health insurance plan.

• What it does: A HIPAA Authorization Form allows your adult child to specifically name individuals (like you, their parent) who can access their medical records and discuss their health status with doctors.
• Why it's essential: Imagine your child is away at college or simply has a medical emergency. Without this form, the hospital or doctor might not be able to talk to you about their condition, even if you're paying the bills or trying to make crucial decisions. This form ensures you can be involved and make informed decisions if needed. It prevents frustrating roadblocks when time is of the essence.

2. Healthcare Power of Attorney (or Medical Power of Attorney)

While a HIPAA authorization allows you to access information, a healthcare power of attorney grants someone the authority to make medical decisions on your behalf if you become unable to do so yourself.

• What it does: Your teen designates a trusted person (typically a parent) to make healthcare decisions for them if they become incapacitated due to illness or injury. This includes decisions about treatments, medications, and even end-of-life care, all based on discussions the designated decision-maker has had with your child about their wishes.
• Why it's essential: In a severe accident or sudden illness, if your 18-year-old is unconscious or otherwise unable to communicate their wishes, this document ensures that someone they trust (and you trust) can step in and make critical decisions according to their previously expressed desires. Without it, you might have to go through a lengthy and costly court process to be appointed as a guardian, which could cause significant delays in crucial medical care.

3. Durable Power of Attorney for Finances

Just as a medical emergency can arise, so can situations where your young adult needs someone to manage their financial affairs.

• What it does: A Durable Power of Attorney for Finances allows your teen to appoint someone (again, often a parent) to handle specific financial matters on their behalf. This could include accessing bank accounts, paying bills, signing leases for apartments, or managing student loan paperwork. "Durable" means it remains effective even if they become incapacitated.
• Why it's essential: If your child is studying abroad, is incapacitated, or simply needs help with a complex financial transaction while away from home, this document empowers you to assist them without legal hurdles. It's a proactive measure to ensure their financial responsibilities are handled smoothly, no matter the circumstance.

4. FERPA Waiver (Family Educational Rights and Privacy Act)

If your teen is heading off to college, this document may be especially relevant. Similar to HIPAA for medical records, FERPA protects the privacy of student education records. Once a student turns 18 or attends a postsecondary institution, the rights under FERPA transfer from the parents to the student.

• What it does: A FERPA Waiver allows your adult child to authorize the school (college or university) to release their academic information, such as grades, attendance, and disciplinary actions, to designated individuals (like you, their parents).
• Why it's essential: Without this waiver, if your child is struggling academically, facing disciplinary action, or you simply want to discuss their progress with an advisor, the college may be legally prohibited from speaking with you. This waiver allows you to remain involved and supportive in their academic journey.

Why Act Now? Planning for the Unexpected

Let’s admit, it can feel a bit uncomfortable to talk about these "what-if" scenarios, especially with a young person just stepping into their independence. However, these documents are not about controlling your adult child; they are about thoughtful planning, providing peace of mind, and empowering your young adult and your family to handle unforeseen circumstances with grace and efficiency. They ensure that if a medical, financial, or academic crisis arises, decisions can be made swiftly and according to your child's wishes, with the involvement of the people they trust most.

Taking the time to discuss and prepare these documents now, as your teen approaches or celebrates their 18th birthday, is a proactive step that fosters responsibility and protects your family’s ability to act in a crisis. It’s an act of love and responsible planning for their journey into adulthood.

As always, I'm here to answer your questions and help your family navigate these important transitions.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice to any current or future client of Reed Law Group, PLC.