When your child turns 18, everything changes, and no one warns you.
Once your teen becomes a legal adult, privacy laws can prevent you from accessing medical or financial information, even in an emergency. Without the right legal documents in place, you could be powerless to help if your child is hospitalized, stranded abroad, or facing a financial crisis. RKPT helps families close this legal gap so parents can stay informed and ready to step in when it matters most, without undermining their child’s independence.
Parents of teens reach a major milestone when their children turn 18: not only are their children considered legal adults, but the legal relationship between parent and child can subtly shift. As young adults are awaiting college decisions or planning the next chapter after high school, parents should arrange the legal documents that protect their kids in cases of incapacity. Doing this proactively can preserve the young adult’s independence while ensuring support is available in emergencies.
As a parent of an 18-year old, would you want to be able to talk to the college’s nursing department about your child’s prescriptions? Would you want to be able to speak with the college town’s bank about your child’s finances? How about talking to the registrar about credit hours or tuition? If your child is staying off campus, would you want to be able to talk to their landlord? Without the proper legal documents in place, you may face hurdles when trying to obtain relevant information.
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Using Powers of Attorney (POAs) for Young Adult Children
Establishing a Power of Attorney (POA) gives parents or trusted adults the ability to step in quickly in the event of an emergency. With a Health Care POA, parents can access medical records and make urgent decisions, while a Financial Durable POA enables help with banking, tuition payments, or housing issues if the young adult becomes incapacitated.
Two critical tasks for parents of a new adult should be helping their child set up a durable power of attorney and a medical directive.
1) General Durable Power of Attorney for Non-Medical Decisions
Once a child reaches legal adulthood at age 18, they gain the right to make their own decisions, and parents no longer have automatic authority. In Ohio and Kentucky, a durable power of attorney allows a young adult to name parents or another trusted individual to handle non-medical matters if the young adult becomes unavailable or incapacitated. This type of estate planning encompasses things like finances, banking, taxes, life insurance, rental agreements, and digital assets.
Without this power in place, parents wmay need to go through a costly and emotional court process to act on behalf of their adult child. Most documents take effect immediately, but “springing” powers of attorney are also available, activating only if the young adult is declared incapacitated by a doctor. Common powers include managing money, property, legal affairs, and digital accounts.
Read More from RKPT: Estate Planning for Your Social Media Accounts/Digital Assets
Ohio and Kentucky law support thorough coverage for these matters. Work with an estate planning attorney at RKPT to learn more: (513) 721-3330.
2) Medical Directive/Living Will for Medical Decisions
Medical privacy laws require that parents lose automatic access to their adult child's health records or decision-making authority after their eighteenth birthday. Durable powers of attorney and medical directives are essential estate planning documents that give both parents and children peace of mind about handling medical emergencies. Ohio publishes state forms that medical professionals are used to seeing. These include the healthcare POA and a living will that discusses potential end-of-life care. Kentucky combines these into one form to complete.
A medical directive or healthcare power of attorney lets a young adult designate a parent or trusted adult to make medical decisions, access records, and communicate with healthcare providers in their stead. It includes a HIPAA release so doctors and hospitals can share vital information, as well as a living will in which the young adult may state their wishes for end-of-life care. With the assistance of a trusted estate planning lawyer, these documents are easily updated or revoked as circumstances change.
Questions? Call the qualified estate planning attorneys at RKPT: (513) 721-3330.
Speak to an Estate Planning Lawyer
Types of Powers of Attorney and Releases
When your child turns 18 in Ohio or Kentucky, your automatic authority to manage their medical and financial affairs no longer applies. A young adult must formally give you Power of Attorney (POA) if you need to help with emergencies or important decisions; simply being a parent is not enough. Many types of POAs and ancillary documentation may apply. Below is a list of the most common types of POAs and how they are used in estate planning.
Health Care Power of Attorney
A Health Care Power of Attorney allows a young adult to formally authorize a parent or another trusted person to make critical medical decisions if they’re unable to do so themselves due to illness or incapacity. This document ensures someone you trust can speak with doctors, approve treatments, or make emergency choices when immediate medical decisions are needed.
HIPAA Release
The HIPAA Release provides written permission for healthcare providers to share otherwise confidential medical information with you. So named for the Health Insurance Portability and Accountability Act of 1996, this medical release document removes barriers, allowing parents access to diagnosis and treatment plans if their adult child is hospitalized or receiving care. It can also be used to advance health care options through the medical process.
Financial Durable Power of Attorney
A Financial Durable Power of Attorney empowers parents to help manage a young adult’s financial matters if they are unavailable or incapacitated. This can include accessing bank accounts, paying bills, signing tax returns, or handling lease arrangements, providing peace of mind in unexpected situations. This will also help your family avoid the probate process if a death occurs.
FERPA Waiver
The FERPA Waiver lets parents access a young adult’s educational records, such as grades and disciplinary files, which would otherwise remain private after the child turns 18. With this release, parents can stay informed about academic progress and help address any issues that might arise during college.
Is Your Child Away at College? Establish a POA Now
If your child faces a health crisis while at college or living away from home, it is vital to have a POA on file. Schools and hospitals may contact you as an emergency contact, but they cannot legally let you make medical decisions or access personal information without the right legal forms. A Durable Financial Power of Attorney grants you the ability to act for your child in medical or financial matters if they are unable to do so themselves. Call RKPT today to begin the process.
Read More from RKPT: Why Hire an Estate Planning Attorney in Ohio
Frequently Asked Questions Regarding Estate Planning for Young Adults
At what age should a young adult have estate planning documents?
Once a young adult turns 18, parents lose automatic authority to make medical, financial, and educational decisions. RKPT recommends that you create basic estate planning documents immediately to ensure someone you trust can assist in an emergency. A solid plan for the future results in greater peace of mind for you and your family during times of crisis.
Which estate planning documents are most important for young adults?
Essential documents include a Health Care Power of Attorney, HIPAA Release, Financial Durable Power of Attorney, and FERPA Waiver. These provide legal authority for parents or others to help manage medical, financial, and academic matters if needed.
What if my child goes to school out of state?
A properly executed Power of Attorney or medical directive in your home state is generally valid wherever your young adult lives or attends college, so there’s no need for additional documents for different states.
Can these documents be changed as life circumstances change?
Yes! Estate planning documents such as powers of attorney and medical directives are revocable and can be updated or replaced to reflect new relationships, moves, or changing wishes over time.
Does my child need a will or trust?
While most young adults do not have significant assets, having a simple will can be helpful, particularly if they own property, have a vehicle, or want to designate specific beneficiaries or guardians for pets. Trusts are recommended for those with larger estates or specific wishes regarding asset management and avoiding probate.
How will having these documents help during an emergency?
These documents provide peace of mind and prevent delays in accessing information or making decisions if your young adult is incapacitated, traveling, or otherwise unable to communicate. They also help avoid the costly and emotional process of seeking court-appointed guardianship.
Will one POA work if my child moves or attends school out of state?
Yes. A properly executed Power of Attorney is effective wherever your child’s college or new home is located.
What is my child's “home state” for POA forms?
Use the state that matches your child’s driver’s license or state ID; this helps institutions verify identity and residency.
Where should we keep the POA documents once they are completed?
Store originals securely at home and keep copies handy in a fire-safe or filing cabinet. Consider one in your car and with your child’s close friends, so POAs are available in an emergency. Your estate planning attorney will also have a copy on file.
Setting up these documents before your child heads to college or becomes independent ensures you can help when it matters most. Securing a Power of Attorney shows your commitment to their safety and peace of mind as they step into adulthood.
Need a Power of Attorney? Call RKPT
Estate planning isn’t just for older adults or those with significant assets. At any age, estate planning offers protection and peace of mind for people attending college, starting their first jobs, or traveling abroad. Working with an estate planning attorney ensures these documents reflect everyone’s wishes and provide the legal foundation for loved ones to help in times of need.
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