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Your Child Just Turned 18 — Here's Why They Need an Estate Plan Before Heading to School

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August 5, 2025 •  Emily Hicks Law, PLLC
Your child is officially an adult. Maybe they’re headed off to college, starting a job, or taking a gap year. Whatever the next chapter holds, turning 18 is a major milestone — not just emotionally, but legally. Make sure they are prepared.

Your child is officially an adult. Maybe they’re headed off to college, starting a job, or taking a gap year. Whatever the next chapter holds, turning 18 is a major milestone — not just emotionally, but legally.

What many parents don’t realize is that once your child turns 18, you no longer have automatic access to their medical or financial information. Even though you're still footing the bills or emotionally supporting them, the law now sees them as independent adults.

That’s why basic estate planning for young adults is critical — especially before they head off to school.

🧾 Essential Legal Documents for 18-Year-Olds

Here are the core documents your newly-minted adult should have, and why each one matters:


✅ 1. Healthcare Power of Attorney

What it does:
Allows your child to name someone (usually a parent) to make medical decisions if they are unconscious or otherwise unable to speak for themselves.

Why it matters:
Without this, you may not be able to make medical decisions or even speak with doctors during an emergency — even if your child is still on your health insurance.


✅ 2. HIPAA Authorization

What it does:
Gives healthcare providers permission to share medical information with you or other named individuals.

Why it matters:
Even if you’re paying the medical bills, you could be blocked from receiving any updates about your child’s condition or treatment without this document.


✅ 3. Durable Financial Power of Attorney

What it does:
Allows your child to name someone to manage their finances — pay bills, access bank accounts, or handle student loan matters — if they’re unable to do so.

Why it matters:
If your child is hospitalized or abroad and needs help managing finances, you’ll need this document to assist legally.


✅ 4. Basic Will

What it does:
Outlines what should happen to your child’s belongings (bank accounts, car, personal property) if they pass away.

Why it matters:
While no parent wants to think about this, accidents can happen. Having a simple will avoids confusion and ensures your child’s wishes are honored — even for modest assets.


✅ 5. FERPA Release Form (for College Students)

What it does:
Allows you to access your child’s academic records and communicate with their school.

Why it matters:
Under the Family Educational Rights and Privacy Act (FERPA), you have no right to see grades or transcripts once your child turns 18 — even if you’re paying tuition. A signed FERPA waiver allows the school to share this information with you.


🎓 Getting Started

Creating these documents is simpler and faster than most people think. Some families choose to work with an attorney to ensure everything is done correctly and meets their state’s legal requirements. Many law firms (like ours) even offer young adult planning packages.


💡 Final Thoughts

Estate planning isn’t just for the wealthy or elderly — it’s for anyone who has people they love and things they care about. Your 18-year-old may not own much yet, but having these documents in place protects them — and you — in the event of an emergency.

Before they leave for school, give them the gift of protection and peace of mind. Ready to make a plan? Book a complimentary 30-minute call.

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