As a parent, your natural instinct is to protect and care for your child—no matter their age. But when your child turns 18, the law considers them a legal adult, regardless of how much they still rely on you for support, guidance, or even laundry help. That legal milestone means many parental rights you once had are no longer automatic. So, what happens if your 18-year-old becomes incapacitated due to illness, accident, or injury? Can you step in and make medical or financial decisions on her behalf?
The answer—especially in Florida—is not as simple as you might hope.
In Florida (as in all U.S. states), once a child turns 18, they are legally an adult. This means:
Even if your daughter is still on your health insurance, lives under your roof, and depends on you financially, your legal authority stops at her 18th birthday—unless proper legal documents are in place.
If your 18-year-old daughter is in an accident or becomes seriously ill and cannot communicate, your hands may be tied unless she has previously signed legal documents giving you authority to act. Without this preparation, you could find yourself needing to go to court to obtain legal guardianship, a costly and time-consuming process during an already stressful time.
To avoid court intervention, young adults in Florida should consider executing the following documents as soon as they turn 18:
This document gives you (or someone your daughter chooses) the authority to manage her financial affairs, such as banking, signing leases, and paying bills, if she becomes incapacitated. In Florida, the Durable POA is effective immediately upon signing unless otherwise limited.
This is Florida’s version of a medical power of attorney. It allows your daughter to name someone—like you—as her medical decision-maker if she’s unable to make her own healthcare decisions.
Even if you’re not making decisions, a signed HIPAA form ensures doctors and hospitals can share your daughter's health information with you. Without it, you may be left in the dark during emergencies.
A living will outlines your daughter’s wishes about life-prolonging treatments if she is terminally ill or in a persistent vegetative state. It can help guide you through difficult choices should the unthinkable happen.
Florida law recognizes these documents and gives significant weight to the choices they reflect. For example:
These laws are designed to respect the autonomy of adults while allowing them to plan for unexpected incapacity. Without these documents, even parents must go to court to seek guardianship if their adult child can’t make decisions for themselves.
It might feel strange to bring up legal planning with your newly minted adult, but it’s an act of love and protection. Frame the conversation around being prepared—just in case—and emphasize that these documents don't take away their independence but ensure support when needed most.
Many Florida attorneys offer affordable “Young Adult Planning Packages” to make this process easy and efficient. It’s a small step that can prevent a big legal mess.
You spent 18 years caring for your child. Don’t assume you’ll be able to keep doing so in a crisis just because she’s still “your kid.” In the eyes of Florida law, she’s an adult—and planning ahead is the only way to keep your parental role intact during emergencies.
Now’s the time to talk, plan, and prepare. Because when it comes to your child’s well-being, you never stop being a parent—even if the law sees her differently.
Ready to plan? Give us a call.
