Congratulations! You are now legally an adult. Although you may not feel any different, from a legal standpoint, a great deal has changed.
When you were a minor (under age 18), your parents were your legal guardians responsible for making all your decisions. Now that you are an adult, their legal authority over you is limited, if not completely nonexistent. While this newfound freedom may sound exciting, consider the following:
- Who can access your medical information? As a legal adult, you are protected by the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). This means that medical professionals can disclose your private medical information only to those individuals you have authorized. If you want your parents to continue having access to this information, you will need to prepare a HIPAA authorization form appointing your parents, or anyone else you designate, as an authorized recipient.
- Whom do you want to make your medical decisions? When you were a minor, your parents generally had the authority to make medical decisions on your behalf. Now that you are an adult, you must formally give them this authority if you want them to continue being able to make medical decisions for you. However, as an adult, you can provide authority for them to make medical decisions for you only if you are unable to communicate or make medical decisions for yourself. You do not have to give your parents this authority. If there is someone else whom you want to make these decisions when you cannot, you are free to name those people instead. You can give them this authority by preparing a medical power of attorney. Not only can you name someone to act on your behalf (an agent), but you can also provide some general guidelines regarding your healthcare wishes.
- Who can handle your financial decisions? Now that you are an adult and your parents cannot take care of your legal or financial affairs, having a durable financial power of attorney in place may also be helpful. Until now, if you needed a parent to withdraw from a bank account or sign something on your behalf, there was no need for any additional steps because they were your legal guardian. However, to allow them to continue engaging in these same tasks, you must grant them the authority through a durable financial power of attorney. Just like with your medical decisions, you do not have to give your parents this authority. You are free to choose whomever you want.
- Who will wind up your affairs when you die? You just turned 18, not 98, but now is a good time to begin adopting some responsible habits and consider what will happen to your money and property when you pass away. You may think you have no assets, but you actually do. For example, in this digital age, each one of your social media accounts is considered an asset. What will happen to these accounts when you pass away? You likely also have tangible personal property (e.g., personal items, collectibles, jewelry), which might have more sentimental than financial value. A will or trust allows you to give what you have to whom you want in the manner you want, no matter the monetary value.
Now that you are an adult, it is time to start thinking and planning for the future like one. The first step is to meet with an experienced estate planning attorney. We are here to help you navigate this next chapter in your life and ensure you are protected.