Turning 18 is an exciting milestone. For many young adults in Georgia, it means starting college, beginning a career, moving away from home or taking on new responsibilities. But becoming a legal adult also brings important changes that many families may not realise.
Once someone turns 18, parents do not automatically have the same legal authority to access medical information or make healthcare decisions on their behalf. Having the right legal documents in place can help young adults prepare for unexpected situations and give their families greater peace of mind.
Here are some important legal documents to consider after turning 18.
A healthcare power of attorney allows an individual to appoint someone they trust to make healthcare decisions on their behalf if they become unable to make or communicate those decisions themselves.
For a young adult heading to college or moving away from home, this document can be particularly important. Without appropriate authorisation, parents may face difficulties participating in healthcare decisions if their adult child becomes seriously ill or injured.
The Health Insurance Portability and Accountability Act (HIPAA) is a US federal law that protects the privacy of medical information. Once a young adult turns 18, parents generally cannot automatically access their child's medical records or information from healthcare providers.
A HIPAA authorization allows a young adult to give specified people, such as their parents, permission to access certain medical information. This can be particularly useful if they are heading to college or living away from home.
It's important to understand that a HIPAA authorization does not automatically give parents the authority to make healthcare decisions on their adult child's behalf. A healthcare power of attorney may be needed for that purpose.
A financial power of attorney allows someone to appoint a trusted person to handle specified financial matters on their behalf, depending on the document's terms.
This could be useful if a young adult is studying away from home, travelling or temporarily unable to manage their finances. The document should clearly establish the authority being granted and when it can be used.
A will is not just for older adults or people with significant wealth. Young adults may already own savings, a vehicle, investments or other property. A valid will allows someone to set out how their estate should be distributed after death and, where appropriate, nominate a guardian for minor children. Without a will, Georgia's intestacy laws determine who inherits assets that form part of the probate estate.
Young adults may have life insurance, retirement accounts or other financial arrangements that allow them to name beneficiaries. Reviewing these designations can help ensure that the intended people receive eligible benefits. Beneficiary designations can operate separately from a will, so it is important to check that the relevant arrangements reflect current wishes.
Turning 18 brings new independence, but it is also an opportunity to plan ahead. Having appropriate legal documents in place can help young adults protect their interests while making it easier for trusted family members to assist when needed.
The right documents depend on each person's circumstances, and requirements can vary. A Georgia attorney can explain which options may be appropriate and help ensure documents are prepared correctly.
Dyal Jenkins Whetsel serves clients throughout Georgia from its offices in Atlanta and Elberton. Whether you are a young adult preparing for your next chapter or a parent helping your child navigate adulthood, taking time to understand these legal considerations can be a valuable step towards the future.
