Your child just turned 18. Maybe they’re headed off to college next month, starting a new job, or taking a gap year to travel. It’s a time full of opportunity and optimism — but also one that comes with new legal realities most families overlook.
Once your child reaches adulthood, you no longer have automatic authority to make decisions for them in an emergency. If they’re hospitalized or incapacitated, you could find yourself locked out—unable to access their medical records or manage their finances without a court order.
That’s why every parent should consider helping their young adult child put basic estate planning documents in place: a medical power of attorney, a financial power of attorney, and a simple will. We call this our GAP program as it fills the “gap” between 18 and when the child has his or her own family.
Here’s what you need to know.
1. Turning 18 Changes Everything for Parents and their new Adults
When your child turns 18, they become a legal adult. That means:
- Doctors can’t speak to you without their permission.
- You can’t access their health records or make medical decisions.
- You can’t manage their bank account, student loan issues, or apartment lease if they’re unconscious or incapacitated.
If something unexpected happens — a car accident, surgery, mental health crisis, or serious illness — the absence of legal documents can delay care and create unnecessary stress during an already emotional time.
2. The Right Documents Provide a Safety Net
A few simple legal documents can ensure you’re empowered to step in and help your child when it matters most:
- Medical Power of Attorney – Authorizes someone (typically a parent) to make healthcare decisions if your child can’t.
- HIPAA Authorization – Grants access to your child’s medical information and lets doctors speak freely with you.
- Statutory Durable Financial Power of Attorney – Allows someone to manage their finances temporarily or long-term—think paying bills, signing leases, or handling tuition refunds if they’re unable to do so.
Without these, you may be forced to go through a court to be named guardian — which is costly, public, and time-consuming.
3. A Simple Will Is Still Valuable — for Everyone
Your child may not have many assets, but they likely have:
- A vehicle
- A bank or investment account
- Sentimental possessions
- Digital assets like social media, cloud storage, or crypto
- Pets
A basic Last Will and Testament ensures these assets go where they would want. It also appoints an executor—someone to carry out their wishes and avoids confusion among loved ones.
4. This Isn’t Morbid — It’s Maturity
Helping your young adult prepare these documents doesn’t mean expecting the worst. It means you’re preparing for the unexpected, just like buying car insurance or taking them to the dentist.
Think of it as part of launching them into adulthood—alongside setting up a checking account and signing their first lease. You’re giving them tools to protect themselves, and offering yourself peace of mind that you’ll be able to help if needed.
5. The Process Is Quick, Affordable, and Easy to Update
Bottom Line for Parents: Empower Your Young Adult with a Basic Estate Plan
At a minimum, consider helping your child prepare:
- ✅ Medical Power of Attorney
- ✅ HIPAA Authorization
- ✅ Durable Financial Power of Attorney
- ✅ Simple Will
These documents can often be finalized in one short meeting with an attorney.
For our clients we are offering a Off to School special.
If you would like us to prepare these documents for your child we will do the GAP package for $495/child. If your child is going to university we include the FERPA Release, if your child has a potential disability we include a Supported Decision-making Agreement. It’s a responsible next step as they enter adulthood, and it ensures you’re not helpless in a moment when they need you most. Contact us at Thrash, Carroll & Sanchez Law Group today! Phone: 512-263-5400 or info@tcslawgroup.com
It’s one of the most loving things you can do as a parent—long before it’s ever needed.