Summer is a time of major transitions. For many families, it brings high school graduations and the excitement of preparing a child for college, a new job, or their first apartment. As your child prepares to leave the nest, your checklist is likely filled with tuition payments, dorm supplies, and travel plans. Estate planning is probably the last thing on your mind—or theirs.
However, the moment your child turns 18, a critical legal shift occurs. They are now, in the eyes of the law, a legal adult. This means the automatic authority you’ve always had as a parent to make decisions and access information on their behalf simply vanishes.
If your 18-year-old were to be in a serious car accident or have a sudden medical emergency, you would no longer have the automatic right to speak to their doctors, view their medical records, or make decisions about their treatment. You also wouldn’t have the authority to manage their financial affairs, such as paying their rent or accessing their bank accounts, while they are incapacitated.
Without the proper legal documents in place, you would be forced to petition a court to get this authority. This process, known as guardianship or conservatorship, can be expensive, time-consuming, and incredibly stressful during an already traumatic time.
To ensure your family never faces this gap in protection, it’s essential to have a conversation with your young adult and make sure they sign these two documents before they start their new journey.
1. Georgia Advance Directive for Health Care: Three-in-One Protection
For residents of Georgia, the most critical document for medical preparedness is the Advance Directive for Health Care (ADHC). This document is a powerful and efficient tool for incapacity planning. While other states may require separate documents, Georgia’s ADHC cleverly combines three vital protections into one.
Medical Power of Attorney (Healthcare Agent)
The ADHC allows your child to appoint a “healthcare agent” (such as a parent) to have the immediate legal authority to make healthcare decisions on their behalf if they become incapacitated. If your child is in an accident or falls into a coma, this document is what gives you the power to speak with the medical team and approve necessary treatments.
Living Will (Treatment Preferences)
This component is not just about end-of-life decisions; it’s a set of instructions from your child about their medical wishes. The Georgia ADHC includes a section for “End of Life Treatment Preferences,” but it also allows for broader guidance.
For example, this is where your child can state their wishes regarding life support, intubation, or experimental medications. It can also include other important details:
- Specific religious objections to certain treatments.
- Instructions for managing allergies or chronic conditions.
- Dietary needs, such as being vegan or vegetarian, which can be critical during a hospital stay.
- Directives on quality of life to ensure medical treatment doesn’t end up causing more harm than good.
A well-drafted Living Will and Advance Directive ensures their specific values are honored when they can’t speak for themselves.
HIPAA Waiver (Medical Privacy)
Due to the strict federal HIPAA privacy law, once your child is 18, hospitals and doctors are legally barred from sharing any medical information with anyone—including their parents—without written permission. A properly executed ADHC includes this vital HIPAA authorization. This waiver is what allows you to even get an update on their condition from a nurse or access their records to make informed decisions.
2. Durable Financial Power of Attorney
Just as a medical emergency can leave a young adult unable to make health decisions, it can also leave them unable to manage their own finances. A Durable Financial Power of Attorney allows your child to appoint an “agent” (again, typically a parent) to manage their financial and legal affairs.
This isn’t just for complex investments. For a young adult, this authority is practical and crucial:
- Accessing their bank account to pay their rent or car payment.
- Paying their tuition or managing student loan paperwork.
- Dealing with a landlord or negotiating a lease.
- Filing their taxes or accessing a tax refund.
- Handling their phone, utility, or credit card bills.
Without this document, you would need to petition the court for a conservatorship, a slow and public process, just to keep their basic financial life from falling apart while they recover.
A Foundation for a Lifetime of Preparedness
These two documents are a key part of a foundational estate plan. By having this conversation now, you are not only protecting your child (and yourself) from a potential crisis, but you are also teaching them a powerful lesson about responsible adulthood. You are setting them on the right track from the very beginning.
As your Personal Family Lawyer®, we specialize in helping families navigate these important transitions. We can facilitate this conversation with your child, answer their questions in a way that resonates with them, and ensure these documents are drafted to meet their unique needs.
Don’t let this vital step get lost in the excitement of graduation. Contact us today to schedule an appointment and give both your child and yourself the peace of mind that comes with being prepared.
