By Michael Fiffik, Esquire
As I write this, my youngest daughter just turned 18. That’s a big milestone filled with pride and excitement. However, along with the celebrations, there are crucial legal implications that come with reaching adulthood. Whatever the next chapter has in store for your child, turning 18 means they gain rights and responsibilities. At the same time, you lose certain rights as a parent to make decisions for them. Those realities require thoughtful planning. To ensure your family is protected and to help your child navigate adulthood smoothly, here are five essential legal documents you should consider obtaining when your child turns 18.
1. Health Care Power of Attorney
Once your child turns 18, they are legally recognized as an adult, which means they have the right to make their own healthcare decisions. However, in situations where they may be incapacitated (due to illness, injury, or accident), having a Health Care Power of Attorney (HCPOA) in place becomes critical. This document allows your child to appoint someone—a parent, sibling, or trusted friend—to make medical decisions on their behalf if they are unable to do so. It allows you to have access to their healthcare information. It ensures their healthcare preferences are honored and provides peace of mind for both you and your child.
2. College or University Medical Release Form
If your child plans to attend college or university, they should also complete a medical release form required by the institution. This document allows parents or guardians to access their child's medical records and communicate with healthcare providers in case of emergencies. The HCPOA also gives you access to your child’s medical information but it might make things easier if the school has their particular form on file. Many schools provide a standard form, but it’s vital to clarify the specifics with the institution to ensure your access to critical health information remains intact.
3. Durable Power of Attorney
While the HCPOA is primarily focused on medical decisions, a Durable General Power of Attorney (DGPOA) covers financial matters, granting authority to a designated individual to manage your child's financial affairs if they become incapacitated. This can include managing bank accounts, paying bills, or making investment decisions. Having a DGPOA safeguards your child’s financial interests and ensures that important matters are addressed even when they cannot act on their own behalf.
4. Real ID Driver’s License
Time is of the essence for Pennsylvania residents to get a Real ID driver's license or photo identification card to fly on an airplane or enter some federal facilities, such as military bases.
The deadline is May 7, 2025. You don’t want to be trying to help your child obtain this long distance if they do not live with you.
5. FERPA authorization
FERPA stands for the Family Educational Rights and Privacy Act, which requires that students over age 18 give written consent before any educational records can be released to another person.
“Educational records” is broadly defined under FERPA to mean those records that are:
(1) directly related to the student, and
(2) maintained by an educational agency or institution acting for the agency or institution.
Of course, this includes transcripts, disciplinary actions, scholarship information, and tuition information, but what is less apparent is that records maintained by the college campus’s health clinic are also considered an “educational record” and therefore not covered under HIPAA. For example, if your child visits his or her university’s health services center for treatment, you would not have access his or her medical records merely by presenting a signed HIPAA form. By way of contrast, however, if your child is sent to the local hospital for treatment, then the HIPAA form would permit you to access his or her medical information.
Extra Credit: A Simple Will
If your adult child dies owning assets, their estate is subject to the probate laws of their state of domicile. If the child does not have a will or will substitute, any individually owned assets will pass according to the intestate laws of the state. Generally, the assets of an unmarried child with no descendants will pass to their parents, if they are living. That can be a tricky situation in families where the parents are divorced or separated. The will also allows the child to choose a parent to manage their estate if they pass away. Without a will, parents could be pitted against one another in seeking a court order to make that decision. If the parents are not living, the assets will go to their siblings. Although the appropriateness of a will or will substitute varies based on the complexity of the child’s estate, you should consider discussing this with your adult child.
As your child steps into this exciting new chapter of life, preparing these legal documents will not only help you navigate significant transitions but also empower your child to take charge of their future. Open conversations about these documents can also promote responsibility and understanding of their newfound rights. While the process may seem daunting, enlisting the help of an attorney familiar with Pennsylvania law can ensure that everything is set up correctly. Celebrate your child’s transition to adulthood with confidence, knowing you’re taking proactive steps to protect their rights and interests!