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Home >> Estate Planning Articles >> Eighteen: The Magic Number?

Eighteen: The Magic Number?

September 16, 2015 by Robert Kulas.

Compliments of Our Law Firm,
Written By: The American Academy of Estate Planning Attorneys

 

Ask the parent of an eighteen-year-old whether their child is an adult, and
you’re likely to get a wry smile. Eighteen-year-olds like to think of themselves
as adults, but parents tend to look at their young adult offspring and see…
teenagers.

 

Legally speaking, however, your child’s eighteenth birthday is a huge milestone.
This is when your child reaches the age of majority in most states, and magically
– literally overnight – transforms from a child into an adult. You might look at
your eighteen-year-old and see an average teenager, but the state sees a grownup.
In the eyes of the government, your child is capable of registering to vote,
managing their own money and other assets, and taking charge of their own
decision-making – whether you agree with those decisions or not.

 

As of this birthday, you are no longer automatically empowered to make decisions
on your child’s behalf. In addition, you have no automatic right to access your
child’s medical records or financial accounts, and you cannot step in and take
control of your child’s property.

 

Being the parent of an eighteen-year-old can present a number of practical
challenges, particularly if your child goes to an out-of-state college or takes a
gap year to travel abroad. Here’s an example:

 

Your daughter spends the summer doing volunteer work in South America. While
she’s away, the student apartment she’s had her eye on becomes available. The
lease needs to be signed right away, but she is out of the country and there’s no
way to get her signature. Does she have to miss out on the apartment she wants so
much?

 

With good planning, you can be in a position to help. Your estate planning
attorney can help you and your child put together a simple set of documents that
will make life a little more convenient for both of you and will allow you to
step in if there is an emergency. Here’s what each document does:

 

  • Durable Financial Power of Attorney: With a Durable Financial Power of
    Attorney, your child appoints you as their “agent” and gives you the authority to
    manage their money or property under certain defined circumstances. This is the
    document that, if appropriately drafted, can allow you to sign a lease on behalf
    of your child.
  • Healthcare Power of Attorney: This document allows your child to appoint you
    to make medical decisions on their behalf if your child is unable to make those
    decisions. Without a healthcare power of attorney, if your eighteen-year-old is
    seriously injured or gravely ill, there is no requirement for the doctors to
    allow you to participate in the medical decision-making process.
  • HIPAA Authorization Form: Under the federal Health Insurance Portability and
    Accountability Act, medical providers must be extremely cautious about the
    unauthorized release of their patients’ information. Once your child turns
    eighteen, doctors are prohibited by law from sharing their medical information
    with you – unless your child has given them express consent to do so. The HIPAA
    Authorization Form allows you access to your child’s medical records, whether you
    need a copy of their vaccination record for college enrollment or you need to
    address a more serious health concern.

At eighteen, your child is likely ready to branch out and start exploring the
world. However, this doesn’t mean they’re ready to leave the nest without help
from you. With a little planning, you can be there for your young adult as they
make the next steps toward independence.

 

Kulas & Crawford

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I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

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Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

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I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

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Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

~Krissy L
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Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family.

~Janice M
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"Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family."

Janice M
Client Review
August 25, 2020
    

Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

Krissy L.
Client Review
August 25, 2020
    

I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

Leo C.
Client Review
August 25, 2020
    

Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

Mildred W.
Client Review
August 25, 2020
    

I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

Joan C.
Client Review
August 25, 2020
    

We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

L.G.K.
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