Does My 18-Year-Old Really Need Powers of Attorney? (Here's What Every Illinois Parent Should Know)

One of my favorite times of year is graduation season. Parents are excited, their children are starting a new chapter, and everyone is thinking about dorm rooms, meal plans, and college shopping. Brings me back to my days at Indiana University.  And almost no one is thinking about estate planning.  Then, during a consultation, a parent will ask me a question I hear every year:  "My daughter is going off to school, anything I need to do?” My answer is almost always the same. Yes and here's why.

The Day Everything Changes

On your child's eighteenth birthday, something important happens that many parents don't realize. Legally, your child becomes an adult.

That means even though you're still paying the tuition, covering the health insurance, and helping with just about everything else, you no longer have the automatic legal authority to make medical or financial decisions on your child's behalf.

If your son or daughter is ever seriously injured, unconscious, or otherwise unable to communicate, you may find yourself unable to access medical information or help manage important financial matters without the proper legal documents.

Most parents are surprised to learn this:

Not long ago, I met with parents getting ready to send their daughter off to college. Like most families, they had spent weeks buying supplies, decorating her dorm room, and making sure she had everything she needed.  Before they left my office, the mom paused and asked, "Do we need anything for our daughter going to college?" 

Yes, Frankfort parents want to be able to talk to doctors and banks, so they put specific documents in place. I explained that once their daughter turned eighteen, the law viewed her as an adult. Without legal authorization, even loving, responsible parents can face unnecessary obstacles if an emergency happens.  The room got quiet.  It wasn't something they had ever considered. Fortunately, they were able to take care of everything before move-in day, giving both them and their daughter a little extra peace of mind.

What Documents Does an 18-Year-Old Need?

Fortunately, the answer is simple. For most young adults, I recommend three basic documents:

 Healthcare Power of Attorney

This document allows your child to choose someone they trust to make medical decisions if they cannot make them themselves.  For many young adults, that person is a parent.

Financial Power of Attorney

If your child is unable to handle financial matters because of an accident or illness, this document allows someone they choose to help with things like banking, paying bills, dealing with insurance, or handling other financial matters.

HIPAA Authorization

Federal privacy laws protect medical information.  A HIPAA authorization allows healthcare providers to share medical information with the people your child chooses.  Without it, even getting updates about your child's condition may become more difficult in certain situations.

Is This Only for College Students?

Not at all.  These documents are important for every adult age 18 and older, whether they are:

- Going away to college

- Living at home

- Starting a job

- Joining the military

- Taking a gap year

- Attending trade school

The need isn't based on where they live.  It's based on the fact that they are now legally adults.

 Hopefully, You'll Never Need Them. One of the things I tell parents is this:

"I hope these documents spend the rest of their lives sitting in a drawer."

That's actually the best-case scenario.

Just like you hope you'll never need homeowner's insurance, you also hope you'll never need powers of attorney for your child.  But if something unexpected happens, you'll be grateful they're in place.

Frequently Asked Questions

Can I make medical decisions for my 18-year-old without these documents?

Not automatically. Once your child turns 18, they are legally an adult, and healthcare providers generally look to them—not their parents—for consent and decision-making.

My child is healthy. Do they still need these documents?

Yes. Powers of attorney aren't created because someone is sick. They're created in case the unexpected happens.

My child is still on my health insurance. Doesn't that give me authority?

No. Health insurance coverage and legal decision-making authority are two separate issues.

How long do these documents last?

They generally remain effective until your child revokes them or signs updated documents.

The Bottom Line

Turning 18 is an exciting milestone, but it also comes with new legal responsibilities.

Most parents spend months preparing their child for college or adulthood. Taking a few minutes to put the proper legal documents in place is another way to help protect them as they begin this next chapter.

Hopefully, you'll never need to use them. But if you do, you'll be glad you planned ahead. If your son or daughter is turning 18 or heading off to college, we'd be happy to help you put these important documents in place so you—and your child—can move forward with confidence.

Schedule Your Appointment to Get These Done Here: https://markettilawfirm.cliogrow.com/book/251f4271d78bb0d2a5995810a5877e0f