Documents Your Child Needs After Turning 18
When your child turns 18 years old, they are no longer a minor and will gain many rights. After turning 18, your child will have full authority over their legal, financial, and medical decisions. You can no longer make decisions for your child at this point, nor will you have access to their privileged information. Due to this, your child should start preparing for any situation when they may not be able to make decisions for themselves, just as all adults should. To do this, they will have to prepare many legal documents, which are outlined below.
Health Care Power of Attorney
A health care power of attorney, also known as a health care surrogate, will allow your child to designate someone else to make decisions about the health care they receive if they were to become incapacitated or are unable to do so. Your child does not have to grant another person permanent authority. For example, if they require surgery, they may designate a health care power of attorney in the event that a decision must be made immediately during the process. A health care power of attorney should also contain a HIPAA waiver that allows health care providers to share your child’s confidential information with you.
Durable Power of Attorney
A durable power of attorney allows your child to name someone who can manage their financial affairs in the event that they are unable to. For example, your child may be hospitalized for several weeks after a car accident. By naming a durable power of attorney, this person can make sure their bills are paid, tax returns are signed and filed, and communicate with their auto insurance company after the crash. When a durable power of attorney is in place, you can also sign them into the hospital and not incur financial liability.
Last Will and Testament
While no one wants to think about it, all adults should have a last will and testament. Even if your child currently does not have any assets, they may when they pass away. For example, if your child is involved in a fatal accident, any settlement they receive will go to their estate. Under the intestacy laws in Florida, the settlement would then go to the child’s closest heirs, which are typically the parents.
However, what if one parent has never been involved in the child’s life? The individual likely would not want any of their property to be distributed to that parent. For this reason, it is important they draft a will to ensure their final wishes are respected.
Our Estate Planning Attorney in St. Petersburg Can Help Your Child
If your child has turned 18 years of age, it is time for them to make some adult decisions, including creating an estate plan. At Legacy Protection Lawyers, LLP, our St. Petersburg estate planning attorney can advise on the documents your child may need and make sure they are executed properly so they are protected. Call us today at 727-471-5868 or contact us online to request a consultation and to learn more about how we can help.
Sources:
flsenate.gov/laws/statutes/2010/709.08
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
