When a child turns 18, their legal rights shift dramatically. Parents can no longer access health, financial, or academic information without explicit permission, which can make emergencies far more complicated. Preparing essential legal documents early helps young adults remain independent while ensuring trusted support is available when needed. At Hortsman & Campanelli, our estate planning team supports families across Northwest Indiana and Chicagoland in taking these important steps.
The Legal Impact of Adulthood
Once an individual becomes a legal adult, they are the only person authorized to make decisions regarding their healthcare, finances, and educational records. Even if parents continue to pay bills, provide insurance coverage, or serve as emergency contacts, privacy laws may prevent institutions from sharing information. Hospitals, banks, and universities must follow strict confidentiality rules, which can delay important decisions during an emergency.
Putting the right documents in place ahead of time helps avoid these barriers and allows families to act quickly when circumstances require it.
Health Care Proxy
A health care proxy, often called a medical power of attorney, lets a young adult select someone to make medical decisions on their behalf if they cannot communicate. Parents are frequently chosen, but the individual may appoint any trusted adult. Although serious medical issues are unlikely at this age, unexpected injuries or illnesses do occur.
Without this document, a parent may not have the authority to direct medical care or provide consent. A health care proxy ensures a decision-maker is clearly identified and able to act immediately.
HIPAA Authorization
After turning 18, a person’s medical information is fully protected under HIPAA regulations. Healthcare providers cannot release details, share updates, or discuss treatment without permission. A HIPAA authorization allows a young adult to designate who may receive their medical information.
This authorization enables parents or other chosen individuals to communicate with doctors, review medical updates, and confirm hospital admissions. Without it, families may be left without even basic information during an emergency.
Living Will
A living will informs healthcare providers and family members about an individual’s wishes regarding life-sustaining treatment. Although end-of-life planning may seem unnecessary for someone so young, outlining preferences in advance prevents confusion if a crisis arises.
This document may include instructions regarding ventilators, feeding tubes, resuscitation efforts, and organ donation. If the unexpected happens, loved ones will not need to make difficult choices without guidance.
Durable Financial Power of Attorney
A durable financial power of attorney grants authority to manage financial decisions if a young adult becomes incapacitated or temporarily unavailable. This authorization remains valid even during periods of incapacity, making it especially helpful for students studying abroad or individuals dealing with illness.
- Paying rent or monthly expenses
- Managing checking or savings accounts
- Handling insurance or financial claims
- Addressing tuition or loan obligations
- Communicating with housing or leasing offices
Without this document, families may need court involvement before they can assist with basic financial matters.
FERPA Waiver for College Students
Educational records for college students fall under the protection of the Family Educational Rights and Privacy Act (FERPA). Colleges and universities are prohibited from releasing academic or financial aid information without a student’s consent. A FERPA waiver allows the student to grant access to parents or another trusted individual.
This access can be valuable for families assisting with tuition payments, financial aid concerns, or academic planning.
Digital Asset Authorization
Young adults maintain many important aspects of their lives online, including email accounts, social media profiles, cloud storage, and digital banking platforms. A digital asset authorization specifies who may manage or access those accounts if the individual becomes incapacitated or passes away.
This authorization protects important documents and financial information while giving trusted individuals the ability to manage or close digital accounts when appropriate.
The Value of Early Planning
Many families delay estate planning for young adults because it feels premature. However, these documents are not about anticipating worst-case scenarios—they are about preparedness. Clear legal directives minimize delays, prevent confusion, and give young adults control over how their affairs should be handled.
With these protections in place, families can respond quickly and appropriately in emergencies without navigating unnecessary legal obstacles.
Supporting Your New Adult’s Next Steps
Turning 18 marks the start of a new phase of independence. Putting key legal documents in place—such as a health care proxy, HIPAA authorization, living will, durable financial power of attorney, FERPA waiver, and digital asset authorization—provides important structure and peace of mind.
The estate planning attorneys at Hortsman & Campanelli assist young adults and families in Crown Point, Northwest Indiana, and Chicagoland. To schedule a consultation, visit our website or call our office at (219) 200-4112.