Why Every 18-Year-Old in Illinois Needs a Power of Attorney (Especially if They’re Heading to College)
Graduation parties are over, dorm shopping is done, and your teenager is officially an adult. But here’s the part no one tells you: the day your child turns 18, you lose the legal authority to make decisions for them.
Even though they’re still on your health insurance, even though you’re still paying tuition or rent, under Illinois law they are now their own legal adult. That means if they’re in an accident, hospitalized, or even just studying abroad, you could be left on the sidelines — unable to access medical information or step in to help with finances.
That’s where a few simple estate planning documents come in.
The Hospital Wouldn’t Talk to Her Mom
Not long ago, I spoke with a mom from right here in Will County whose daughter had just finished her freshman year at college. Her daughter was in a minor car accident out of state and taken to the ER. The mom rushed to call the hospital — only to be told, “I’m sorry, we can’t give you any information. She’s an adult, and you’re not listed on her HIPAA release.”
Thankfully, her daughter recovered quickly. But in those critical hours, the mom felt helpless. A simple Healthcare Power of Attorney and HIPAA Authorization would have given her the ability to talk directly to doctors and make decisions until her daughter was back on her feet.
This is why these documents matter — and why waiting until “later” isn’t worth the risk.
The Three Essential Documents for Every 18-Year-Old
Power of Attorney for Healthcare (755 ILCS 45/4-1 et seq.)
This document lets your child choose someone (usually a parent) to make healthcare decisions if they’re unable to do so. Without it, doctors are not required to share information with you — even in an emergency.
Power of Attorney for Property (755 ILCS 45/3-1 et seq.)
This allows you to handle financial matters if your child can’t. Think tuition payments, lease agreements, or managing their checking account. Without it, you may need to go to court for guardianship—just to pay bills.
HIPAA Authorization
HIPAA is a federal privacy law that protects medical records. A HIPAA authorization lets healthcare providers share information with you if your child is hospitalized or needs care. Without it, you may be completely in the dark.
When to Put These in Place
The truth is, it’s never too early. But there are a few key milestones when these documents are especially important:
High school graduation: Before they leave for college, trade school, or the military.
College breaks: If they’ve already left, the holidays are the perfect time to take care of this while they’re home.
Study abroad / travel: Anytime your child is away from home, these documents give you peace of mind.
Why This Matters for Illinois Families
In Illinois, once your child turns 18, you don’t automatically have the right to make medical or financial decisions on their behalf. If something happens, you could face delays, red tape, or even expensive court proceedings — all at the worst possible time.
A short meeting with an attorney and a few signatures is all it takes to prevent that.
Peace of Mind for Parents — and Confidence for Young Adults
These documents are essentials for every adult, but they are especially important when your child turns 18. Without them, parents can be left powerless in an emergency. With them, you know you’ll be able to step in if your child needs you most.
For parents, it’s the peace of mind of knowing you won’t be shut out when it matters. For young adults, it’s a simple way to step into adulthood responsibly — with the comfort of knowing someone they trust can help if life takes an unexpected turn.
Get Started Today
At Marketti Law Firm, we make it simple for young adults to put these protections in place. Whether your child is heading off to school, already living on their own, or just turned 18, we’ll walk you both through the process so everything is legally sound and ready when needed.
As a mom, I know how much comfort comes from knowing your kids are cared for — even in the unexpected moments. Let’s set up a time to walk through these documents together, so you can send them into adulthood with confidence. Schedule your free consultation today.