Turning 18 is a rite of passage for many teenagers. For parents, though, it's a different experience entirely — it feels like your baby is becoming a legal adult. Where did the time go? Better yet, how can parents best support their children after they turn 18 or graduate high school?
Under both Federal and Pennsylvania law, an 18-year-old is a legal adult. This has several consequences for parents who have been helping their children navigate finances, health care, and education. How can you continue to help whether your son is off to college, your daughter is back-packing through a gap year, or your grandchild decides it is time to start their career?
The good news is that you can continue to help them. Specifically, there are legal documents that can allow parents to help their young adult children navigate their education, medical, and financial situations.
At High Swartz, our attorneys are experienced in the legal aspects of family and estate law. More importantly, we have real world experience with raising young adults. We are here to assist you with those first steps into adulthood.
Legal Checklist for Parents or Guardians of Teenagers over 18
Higher Education Information
Once a child turns 18 or enrolls in a college or university, all rights to the student’s educational information are private information for the student. This includes grades, transcripts, and financial records – regardless who is actually paying the tuition.
However, under the Family Educational Rights and Privacy Act (FERPA), a student can authorize a third party (parents or caregivers) to receive this information. This document is available from the educational institution your young adult is attending.
Medical Information
For almost two decades, you have taken your child to the doctor. You know the procedures and forms involved. How can you help teach your young adult?
Similar to FERPA, an adult’s medical and health insurance information is protected under the Health Information Privacy and Portability Act (HIPPA). Young adults should not only know the specifics of their own health and their health insurance benefits but this information should be stored is a safe, accessible place.
In the event of an emergency, a parent or other trusted person, should also have access to that information. In an emergency, whether that be a lost bag in a foreign country or the need to go to a hospital, time is of the essence. Your child, and you, need to know: insurance card information, prescription information, and health status.
Under HIPPA, before you can help your young adult, you need their prior permission. This can be done with a Medical Power of Attorney. There are other documents that can give you additional authorization to help, if needed.
Financial
Kids and young adults are expensive. What type of financial accounts does your young adult own? There are numerous ways to assist your young adult with expenses. You should have an in-depth discussion within your family about how monthly expenses will be paid, what to do if funds run low, as well as what happens should your young adult not be able to access their funds.
The Hard Discussion
The hardest discussion – for adults young and old – is to discuss the unimaginable. What happens to the individual and their assets if your young adult becomes incapacitated or passes away. We suggest that all families discuss this – regardless of age.
All adults should have a will, durable power of attorney, and a health care directive. Our family and estate planning attorneys are here to help your family prepare for whatever happens in the lives of your bab..., er, children.