Your Child Is 18 — Now What? (The Legal Side of Adulthood)
Eighteen is a milestone year. Your child may still live at home, rely on you for advice and support, and eat all your snacks—but legally, everything has changed. When your child turns 18, they become a legal adult, which means you no longer have automatic rights to make medical, financial, or educational decisions on their behalf. As exciting as adulthood is, it comes with serious responsibilities, and failing to plan can lead to real complications.
Here are the key legal considerations and documents every parent and new adult should understand.
1. You No Longer Have Automatic Access
Turning 18 means your child is now in charge of their own personal, medical, and financial decisions. Even if you’re footing the bill for college or living expenses, federal privacy laws like HIPAA and FERPA kick in immediately.
What this means:
You cannot access their grades or school records without a FERPA release.
Doctors can’t speak to you about their health without a HIPAA release.
You can’t make financial or legal decisions unless you have a Power of Attorney.
Why it matters: In an emergency, delays in decision-making or accessing information can cause stress or even harm.
2. Medical Power of Attorney (MPOA)
This document allows your 18-year-old to designate someone (usually a parent or guardian) to make medical decisions if they are incapacitated or unable to communicate.
Why it matters: Without it, you may be powerless to help your child in the event of an accident, illness, or hospitalization.
Action step: Have your child sign an MPOA as soon as they turn 18, especially before they go off to college or travel.
3. HIPAA Authorization Form
This form allows healthcare providers to share information with designated individuals. It doesn’t give decision-making authority but ensures you’re kept in the loop about your child’s medical status.
Why it matters: You don’t want to hear about your child’s hospitalization thirdhand.
Action step: Include this form alongside the MPOA and share copies with trusted care providers.
4. Durable Power of Attorney (DPOA)
This legal document enables someone else to manage your child's financial and legal affairs, from bank accounts and leases to tuition payments.
Why it matters: If your child is studying abroad or simply unavailable, this allows you to help handle urgent matters.
Action step: Work with an attorney to create a DPOA that fits your family's needs and complies with state law.
5. FERPA Release (Education Records)
Under the Family Educational Rights and Privacy Act (FERPA), once your child turns 18, their educational records are private. Colleges and universities won’t release transcripts or grades without their consent.
Why it matters: You may want to stay informed about academic progress or help resolve administrative issues.
Action step: Check with your child's school to complete a FERPA waiver or release form.
Real Life Example
One of our clients had a son attending school in another state. He ended up in the ER and was unconscious. The parents had no MPOA or HIPAA form on file. Hours passed before doctors were legally able to update them. After that experience, they made sure every sibling had these documents signed before leaving home.
Turning 18 is a thrilling moment in a young adult's life, but it doesn’t mean they’re ready to navigate everything alone. With a few legal documents in place, you can remain a helpful safety net without stepping on their newfound independence. At Ortego Law Firm, we believe that turning 18 should come with more than just a party. Let’s help your family plan for the unexpected so you can all move forward with peace of mind.
If your child recently turned 18 or is heading off to college, let’s make sure the right protections are in place.
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Let’s work together to protect your family’s future. Whether you have questions or are ready to get started, we’re here to guide you every step of the way.
Reach out today and let’s create a plan that gives you peace of mind and ensures your loved ones are cared for Contact Us Here or Give us a Call at 832-557-4593.
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