When a loved one turns 18, your relationship may not change- but your legal authority to act on their behalf does.
Turning 18 is an exciting milestone that often brings graduation, college, greater independence, and new opportunities. While much attention is given to these wonderful life changes, one important legal issue is often overlooked: once a person turns 18, they become a legal adult.
This change can have significant consequences if an emergency arises and a parent, grandparent, or other loved one needs to help make important decisions on their behalf.
How Does the Law Change at Age 18?
In New York, an 18-year-old is legally considered an adult. As a result, parents and other family members no longer have the automatic authority to make medical, financial, or legal decisions for them.
Even if the young adult remains financially dependent on family members or is covered under a parent’s health insurance plan, family members generally cannot access medical information, communicate with healthcare providers, or make decisions on the individual’s behalf without proper legal authorization.
Important Documents to Consider
Power of Attorney
A Power of Attorney allows an adult to appoint a trusted person to handle financial matters on their behalf. This may include accessing bank accounts, signing documents, communicating with financial institutions, and assisting with matters such as tuition payments or financial aid.
Health Care Proxy
A Health Care Proxy allows an adult to designate someone to make medical decisions if they become unable to do so themselves. It also authorizes the designated agent to communicate with healthcare providers and advocate for the individual’s wishes during a medical emergency.
When Should These Documents Be Signed?
A Power of Attorney and Health Care Proxy help ensure that trusted individuals can step in if the unexpected occurs. Ideally, these documents should be completed shortly after a person turns 18 and before they leave for college, enter the workforce, travel, or begin living independently.
Is Your Family Prepared?
Whether it is your child, grandchild, or another young adult in your life, turning 18 is an ideal time to discuss these important planning documents.
Makofsky Valente Law Group, P.C. is here to help provide legal support to families during all phases of life. Please call or email us if you think we can be of assistance to you or a loved one with estate and disability planning needs.
