Is My College-Aged Child an Adult?

Believe it or not, when your child turned 18, your child graduated from being a 'minor' to becoming a 'legal adult.'

If your child is at home from college this summer or if he or she is preparing to head off to college in the fall, I have some homework for you. Make sure he or she has essential legal documents in place before going back to school!

Turning 18 years old has a major legal implication that most people don't realize. The parent’s ability to access information about their child will now be very limited.

Even though you've raised that child for the past 18 years and still may be supporting the child financially, you won’t have access to his or her information without consent. Without certain legal documents, you could be in the dark and unable to make important medical and financial decisions for your incapacitated child in a timely manner.

As unpleasant as it is to think about, make sure your child has the following basic documents. It is better than being unprepared to face an emergency situation: Health Care Power of Attorney. A health care power of attorney is a document signed by your child that nominates a trusted person, usually a parent, to make health care decisions in the event that your child becomes incapacitated. Without this document, decisions about your child's medical treatment will be made by the doctor or might involve petitioning the court for a guardianship – an expensive and cumbersome process.

HIPAA Authorization. The Health Insurance Portability and Accountability Act of 1996 ('HIPAA') protects an adult's private medical information from being released to third parties without the patient's consent. Since your child is now a legal adult, a doctor legally cannot, and frequently will not, discuss your child's medical information with you. A HIPAA authorization waives this protection so that you can discuss your child’s medical situation with the child's doctor in appropriate circumstances. There are major fines involved when an institution improperly releases medical information.

Durable Power of Attorney. A durable power of attorney naming you as your child's 'attorney-in-fact' will let you step in and handle your child's financial matters when the child is unable. You might be paying tuition or handling bills as an authorized party anyway, but the durable power of attorney provides actual legal authority for you to act.

Basic Will. As your child goes out into the world and hopefully starts earning a living, or otherwise has assets in his or her name, your child should sign a simple will to direct the disposition of his or her assets and name someone to handle final affairs, in the event of death. Without a will in place, the disposition of your child's assets would be controlled by the State of Texas. I love Texas, but I don’t want the politicians in Austin telling my child how to distribute their assets.

Paul B. Owens is an attorney practicing in the areas of Probate and Estate Planning law. He serves in a number of other capacities, including on the Board of Directors for the CASA Helotes Senior Center in Helotes Texas.