Graduation Season & Adult Kids: The Legal Documents You Might Still Need (and When Guardianship Is Necessary)
Graduation season is a time of immense pride and excitement. Amidst the celebrations, parties, and planning for the next chapter, it is easy to overlook the reality that once your child turns 18, the legal rules change significantly.
The Reality of Turning 18
When your child turns 18, you lose your automatic legal ability to access their medical records, manage finances, or even speak with their doctors in an emergency. To maintain a safety net for your adult child, two specific documents are needed: a Health Care Proxy with a HIPAA Release, and a Power of Attorney.
These documents let you step in when truly needed, offering your support without crossing boundaries or limiting their independence. It’s a responsible, compassionate way for you and your child to handle this new chapter together.
Health Care Proxy
A Health Care Proxy allows your child to appoint an agent (typically a parent) to make medical decisions on their behalf if they are unable to do so themselves. If your child is unconscious or incapacitated due to an accident or illness, this document ensures that you have the legal authority to direct their care.
HIPAA Release
While a Health Care Proxy grants decision-making power during incapacity, a HIPAA Release allows healthcare providers to share medical information with you, even if your child is alert and able to make decisions.
For example, if your child is dealing with a complex medical issue while away at school and wants you to speak with their specialist to understand treatment options, a HIPAA release allows that conversation to take place. Without it, the doctor's hands are tied by privacy regulations.
Power of Attorney
Just as you might need to step in for medical reasons, financial situations often require parental assistance. A Power of Attorney (POA) allows your child to designate you as an agent to handle financial and legal matters.
The College Confidence Package
Recognizing the unique needs of families during this transition, our firm has developed the College Confidence Package to help families navigate this new stage of life. The package includes:
A personalized consultation with our estate planning team
Preparation of a legally valid New York Health Care Proxy with HIPPA release language
Option to add a Power of Attorney
Complimentary notary service
By addressing these needs proactively, families can focus on the excitement of the college experience rather than worrying about "what if" scenarios.
When Guardianship Is Necessary
For families with children who have developmental or intellectual disabilities, an Article 17A Guardianship may be necessary instead. Under New York law, this type of guardianship is intended for individuals who are developmentally or physically disabled before the age of 21.
An Article 17A Guardianship is a court process that requires a petition to the Surrogate's Court and certification from physicians or psychologists. It provides a permanent legal structure for parents to continue making personal, medical, and financial decisions for their adult child, indefinitely.
A guardianship may not be necessary in all circumstances and it is important to discuss with an estate planning attorney familiar with planning for individuals living with developmental and/or intellectual disabilities all options that might be available. For example, a supported decision making document may work best for someone's individual circumstances.
Ensuring Peace of Mind
The transition to adulthood is a process, unlike the legal switch that flips at midnight on an 18th birthday. While your child is legally an adult, they likely still need your guidance and support. If you have a child about to graduate, add "legal planning" to your checklist alongside dorm shopping and party planning. It's the most valuable graduation gift you can give!