Once a child graduates from high school, the focus shifts to the next major event. That
event could be work, college, or vocational school. While these are indeed momentous,
an even bigger event is occurring simultaneously. That is, the child is turning 18 years
old. In the eyes of the law, this means that the child is now considered an adult.
Although the child still looks the same physically, coming of age signals less control for
the parent. The child is now capable of signing legal paperwork on his or her own
behalf. The child no longer needs a formal guardian. Rather, the child is an adult in the
eyes of the law, and with that qualification, parents no longer have the same ability to
speak on behalf of the child as they did when they were the child’s guardian.
For example, once a child turns 18, a parent can no longer receive HIPPA protected
medical documents on the child’s behalf. A parent has no right to speak on the child’s
behalf to authorize a medical procedure. A parent likewise cannot handle financial
matters for the child. Simply put, a parent’s rights are significantly reduced from what
they were when the child was a minor, and the parent was the child’s legal guardian.
Once a child turns 18 years old, a parent must be given permission by the child to
speak on his or her behalf both financially and medically. This is done through a power
of attorney. In a power of attorney document, the principal, which in this case is the
child, gives an agent the ability to speak on their behalf in the event that the child cannot
do so. One is a durable general power of attorney for financial matters, and one is a
healthcare power of attorney for medical matters. In both, the child names the parent,
or parents, as his or her agent. In that way, the parents can continue to have the ability
to speak and receive protected information on behalf of their child.
Where this plays out most is when the child moves away from home to attend school or
work. The child sustains a medical emergency while away from home, and the parent
tries to gather information. Medical providers are not allowed by law to provide any
information without a valid healthcare power of attorney document once the child is over
18 years old. Likewise, the parent is not authorized to make medical decisions on
behalf of the child without having been named their power of attorney. Finally, if a
banking issue comes up while the child is away from home, such as a lost debit card,
the parent is unable to handle the matter if not legally named the child’s durable power
of attorney.
We want what’s best for our children. We want them to succeed in life. Besides
teaching them the necessities of life, such as how to do laundry, make sure your child is
protected with power of attorney documents. A diploma moves them to the next stage
of life. Powers of attorney allow parents to speak on behalf of their now adult children
when needed.
Author Sally A. Farrell is an attorney who concentrates her practice in estate planning and administration, advising clients on strategies designed to preserve wealth, minimize tax exposure, maximize asset growth, and pass family wealth to future generations. Learn more: www.macelree.com/attorney/sally-a-ferrell.
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