As your child becomes a legal adult at age 18 and prepares to embark on their life journey, it’s crucial to ensure that they have the proper legal documents in place. While this is a time of newfound independence, young adults still need essential documents to manage health, finances, and other vital matters. Parents should play an active role in ensuring their children have the necessary paperwork to navigate any emergencies or legal situations that may arise as their journey begins.
Here is a summary of the key legal documents young adults should have in place:
- Medical Documents and Authorizations – Health and well-being are always top priorities, especially when students leave home. The following medical documents are essential:
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- HIPAA Authorization Form: This document allows medical professionals to share your child’s health information with you in case of an emergency. It ensures that you can be kept informed about your child’s condition, even when they are away at college.
- Medical Power of Attorney: If your child cannot make medical decisions for themselves, a Medical Power of Attorney designates someone (typically a parent or guardian) to make healthcare decisions on their behalf. It is advisable to choose both a primary and backup agent.
- Living Will: A Living Will outlines your child’s wishes regarding end-of-life medical decisions if they are unable to communicate their preferences. Discussing these wishes with family members ahead of time helps avoid potential conflicts.
- Health Insurance – Confirm that your child remains covered under your health insurance policy, especially if they moved (or attend school) out of state or overseas. You should verify the level of coverage, particularly for emergency medical care. Be aware that out-of-network services could result in higher costs, and some plans may require additional steps to cover the student while away from home.
- Coverage for Personal Property – If your child does not live with you in your home, or they are attending college and living away in a dorm or off-campus apartment, consider ensuring that their personal belongings are protected. For those young adults attending college, homeowners’ insurance often covers students’ possessions while they are away at school, but it is important to confirm this coverage with your insurance provider. If your student is living in an apartment or off-campus, they may need to purchase renter’s insurance. Be mindful that damages or losses may be subject to a deductible, so clarify the details of coverage well in advance.
- Durable Power of Attorney for Financial Affairs – Financial matters can become complicated when a young adult is unable to manage them personally. A Durable Power of Attorney (DPOA) is vital to allow a parent or trusted individual to handle financial affairs on their behalf. This includes access to bank accounts, paying bills, and managing taxes. It is essential for parents to discuss and decide with their child whom to designate as their DPOA agent, ensuring they have trusted, reliable representation.
- Living Will/Advance Directives – Although many young adults are in the prime of their health, it is always beneficial to have a Living Will in place. This document sets out your child’s preferences in case they are seriously ill or incapacitated and cannot express their desires regarding medical care. Having this document can prevent family members from facing the difficult decision of determining what your child would want in terms of life-saving interventions.
- Emergency Contact Information – It is also important for your child to maintain a list of emergency contacts that includes family members, medical professionals, and any other necessary individuals. This ensures that in case of an emergency, there are no delays in contacting the appropriate people.
- Family Educational Rights and Privacy Act (FERPA) Waiver – For children attending college (especially if you are paying for it!) – The Family Educational Rights and Privacy Act (FERPA) protects students’ privacy, restricting access to their academic records. Once your child turns 18, parents no longer have automatic access to their academic records. A FERPA waiver allows parents to access grades, class schedules, and other records. Parents should request this waiver directly from the university to ensure they can stay informed about their child’s educational progress.
Conclusion
While this can be a very exciting and transformative time, it also comes with significant responsibility, for both the young adults and their parents. Ensuring that all the right legal documents are in place provides peace of mind, helping parents stay connected to their child’s life and handle any emergencies efficiently. The documents listed above ensure that your child’s legal and medical affairs are in order. By taking these steps, you and your child can focus on what matters most – navigating adulthood with confidence and security.
Scott D. LaValley, CFP®, CVA®, MSFS, ChFC, CLU
Managing Director – Financial Planning
Baldwin & Clarke Advisory Services, LLC
Email: scott@baldwinclarke.com
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