The Parent's Guide: Essential Legal Documents When Your Child Turns 18

Your "baby" is turning 18 - but are you legally prepared for their adulthood? Here are the crucial documents you need to protect your child and maintain your ability to help them when needed.

It's a milestone that sneaks up on every parent: your child's 18th birthday. While they'll always be your child, legally, they become an adult overnight. This transformation isn't just symbolic, it has real consequences that many parents don't anticipate until it's too late. Without having certain documents in place on their 18th birthday, you will have no access to their medical, financial, or academic records.

Imagine your college freshman has a medical emergency, but doctors won't discuss their condition with you because you're no longer their legal guardian. Or perhaps your child needs urgent financial assistance, but you can't access their accounts or speak with their bank. These scenarios aren't just hypothetical - they're real challenges that parents face every day when their children turn 18.

Understanding the Legal Transition to Adulthood

When your child reaches the "age of majority" (typically 18 in most states), the law views them as a fully independent adult. This means all their personal information - from health records to college grades - becomes private, even from you. But don't worry, there's a solution: having the right legal documents in place.

5 Essential Documents Every Parent Should Consider

Hopefully, you've already got your estate plan documents in place, and as you complete them, you can realize that many of the documents you just worked on with your attorney can also be useful for your children.

Healthcare Directive

Think of this as your safety net for medical emergencies. This crucial document:

Names you as your child's medical decision-maker if they're unable to communicate
Outlines their healthcare preferences
Ensures you can act quickly in emergency situations

Pro tip: Different states may use various terms like "healthcare power of attorney" or "healthcare proxy." Check your local requirements.

HIPAA Authorization

This is your key to staying informed about your child's health. Without it, healthcare providers can't share any medical information with you, even basic updates about their condition. Your child can customize this authorization to:

Set specific limitations on what information you can access
Define which healthcare providers can share information
Maintain privacy while still allowing necessary communication

Financial Power of Attorney

Consider this your financial safety net. It's especially crucial for college students who might be juggling:

Tax deadlines
Rental agreements
Banking matters
Insurance paperwork

This document lets you handle time-sensitive financial matters when your child is busy with their new adult life.

FERPA Authorization

This is your window into your child's educational world. It covers:

Grades and transcripts
Disciplinary records
Financial aid information
Campus health center records (surprise - these aren't covered by HIPAA!)

Important note: Campus health services fall under FERPA, not HIPAA. Without this authorization, you can't access these records even with a HIPAA form.

Simple Will

While it's not pleasant to think about, a basic will is important for young adults who:

Have their own bank accounts
Own vehicles
Have received an inheritance
Hold investments

Without a will, state laws determine what happens to their assets, which might not align with their wishes.

Quick Note: UGMA and UTMA Accounts

If you've set up custodial accounts for your child, mark your calendar: these accounts automatically transfer to their control at either 18 or 21, depending on your state. Plan ahead for this transition and discuss the responsible management of these assets.

Beyond the Paperwork: Having "The Talk"

While getting these documents in order is crucial, your child's 18th birthday is also an opportunity for important conversations about:

Independence and responsibility
Financial management
Healthcare decisions
Communication expectations
Future goals and plans

Next Steps: Making It Happen

Start Early: Begin gathering these documents 3-6 months before your child's 18th birthday
Work with an Attorney: Work with a lawyer to ensure documents meet your state's requirements
Have Family Discussions: Include your child in the process and explain why these documents matter
Store Safely: Keep both physical and digital copies in secure, accessible locations
Review Regularly: Set annual reminders to review and update these documents as needed

Your child's 18th birthday marks an exciting new chapter for both of you. While they're spreading their wings, having these legal documents in place ensures you can still be there when they need you, while respecting their independence and privacy.

This isn't about maintaining control; it's about being prepared to help your child navigate adulthood when they need your support most.

Need Help With These Documents for Your Children?

If you need help with these or other estate planning tactics, let's schedule a Legal Strategy Session online or by calling my Edina, Minnesota office at (612) 294-6982 or my New York City office at (646) 847-3560. My office will be happy to find a convenient time for us to have a phone call to review the best options and next steps for you to work with an estate planning attorney.