My Child Just Turned 18. Do They Need Estate Planning Documents?

Congratulations, Parents – you did it! After nearly two decades of sweat, and tears, your hard work has paid off and your baby is officially an adult. Like many newly minted adults, they are excited about the idea of voting or buying a lottery ticket. One of the less exciting, but crucially important, parts of your child turning 18 is ensuring that they are protected in the event of a tragedy.

For the first 17 years of your child’s life, you made all of their medical decisions. If they were sick or injured, you chose their doctors, you discussed treatment options, and you had access to their medical information. Once your child turns eighteen, you lose all access to their medical records and the ability to make healthcare decisions on their behalf, even in case of emergency.

If your child is severely injured in a car accident, boating accident, or other catastrophe, a hospital or treating physician would be unable to give you information about your child’s condition or treatment options. Additionally, your child’s treating physician would be the one who makes all medical decisions for them, until you, or another adult, petitions the Florida Courts to become your child’s legal guardian. This can be a stressful, expensive, and time-consuming process, which will only create more anxiety in an already high-stress situation.

To prevent this, your child should meet with a Florida estate planning attorney to complete several documents as soon as they turn 18. These include:

• A Health Care Surrogate Designation. This document allows your child to name you (or any other adult they choose) to make healthcare decisions on their behalf if they are unable to make healthcare decisions for themselves, like treatment options.

• A HIPAA Authorization. HIPAA laws require that a patient provides written consent to allow another individual to access their medical records, including their parents once they turn 18. A HIPAA Authorization grants you, or any other adults they choose, to access their medical records, and allow a hospital to provide you with updates on your child’s medical condition if they are injured.

• A Durable Power of Attorney. This is a document that allows you to access your child’s banking and legal information. It allows you to pay your child’s bills, their rent, and access contracts they have signed if they are incapable of doing so themselves, whether by reason of travelling or illness.

•  A Living Will. Another useful document to consider for your adult child is a Living Will where your child lists the situations in which they would like to be resuscitated vs when they would want their life support to be removed. If your child has strong feelings about making their own end-of-life decisions, this could be a good document to have as well.

Turning 18 is an important life milestone. The attorneys at Huth, Pratt & Milhauser are here to help your child start their adult life with the legal safeguards they need in case a tragedy strikes. Call us today to learn how we can help protect your family.

Huth, Pratt & Milhauser

Huth, Pratt & Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of Wills, Trusts, Estates, Probate, Guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

2500 North Military Trail, Suite 460
Boca Raton, Florida   33431
Phone: 561-392-1800

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