Current Client? Call us:
(512) 966-1847

Grogan Law, PLLCEstate Planning Blog

Book an Initial Call

Estate Planning Business Succession
Planning

Can I Make Decisions for My 18-Year-Old ‘Kid’ If She Becomes Incapacitated?

The Press-Enterprise’s recent article entitled “Legal documents for young adults” describes some of the important legal and estate planning documents your “kid” (who’s now an adult) should have.

HIPAA Waiver. This form allows medical personnel to provide information to the parties you’ve named in the document. Without it, even mom would be prohibited from accessing her 19-year-old’s health information—even in an emergency. However, know that this form doesn’t authorize anyone to make decisions. For that, see Health Care Directives below.

Health Care Directive. Also known as a health care power of attorney, this authorizes someone else to make health care decisions for you and details the decisions you’d like made.

Durable Power of Attorney. Once your child turns 18, you’re no longer able to act on their behalf, make decisions for them, or enter into any kind of an agreement binding them. This can be a big concern, if your adult child becomes incapacitated. A springing durable power of attorney is a document that becomes effective only upon the incapacity of the principal (the person signing the document). It’s called a “springing” power because it springs into effect upon incapacity, rather than being effective immediately.

A durable power of attorney, whether springing or immediate, states who can make decisions for you upon your incapacity and what powers the agent has. The designated agent will typically be able to access bank accounts, pay bills, file insurance claims, engage attorneys or other professionals, and in general, act on behalf of the incapacitated person.

They’ll always be your babies, but once your child turns 18, he or she is legally an adult.

Be certain that you’ve got the legal documents in place to be there for them in case of an emergency.

Remember spring break, when they’re home for summer after their 18th birthday, or a senior road trip are all opportunities when these documents may be needed.

Reference: The Press-Enterprise (April 2, 2022) “Legal documents for young adults”

Book an Initial Call
Book an Initial Call

Book an Initial Call

Schedule an available time to speak with us. We look forward to meeting with you!
testimonials
"Eric spent several hours with us helping to ensure our trust was tailored to our specific needs and all our questions & concerns were addressed satisfactorily. He developed an amazing product for us that covers every contingency and brings us in compliance with current estate law. He was a delight to work with. "

Don W.
Google Review

Stay Informed

Join Our eNewsletter
Stay informed and updated by subscribing to our eNewsletter!
Subscribe Now!
Grogan Law, PLLC

7600 Chevy Chase Drive
Suite 300
Austin, Texas 78752

Integrity Marketing Solutions - Estate Planning Marketing
Powered by
chevron-down