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When most people think of important legal documents, they think of their “last will and testament,” but in reality, there are many other documents that everyone should have once they are considered a legal adult at the age of 18. It may surprise you to know that once your child turns 18, you no longer have the legal right to assist them, make decisions on their behalf, or review their medical, financial or educational records. This lack of transparency into a child’s life, especially when a child leaves home for the first time, can be very scary not only to parents, but also to the child. In this post, we’ll outline three essential documents—General Durable Power of Attorney, Advance Healthcare Directive, and FERPA Waiver—and why they’re crucial for protecting your rights and ensuring your child will have your support when needed most.
What is a General Durable Power of Attorney?
A General Durable Power of Attorney is a legal document that gives someone (the “Agent”) the authority to act on the principal’s behalf for all types of transactional matters.
Why is this Important?
A General Durable Power of Attorney gives the principal the power to name an agent who they trust to assist them or handle without them the principal’s financial matters, such as paying bills, making investments, and other financial decisions.
What is an Advance Healthcare Directive?
Often going hand in hand with a General Durable Power of Attorney, an Advance Healthcare Directive includes a Medical Power of Attorney and HIPAA release, which ensures that parents, spouses, or other designated individuals can make medical decisions on behalf of the principal and have access to medical records and are able to communicate with the principal's healthcare providers. Many people do not realize that once they turn 18 years old, they are considered legal adults and their parents are no longer able to access any medical information about them or make medical decisions for them if they are unable to do so themselves. An Advance Healthcare Directive gives these rights to the named person. The Advance Healthcare Directive can, but doesn’t need to, include a “Living Will,” which provides for the principal’s wishes regarding whether they wish to receive treatment in the event of a terminal condition and allows for specific decisions regarding organ donation.
What is a FERPA Waiver?
Another important document for young adults once they turn 18 is a FERPA Waiver. FERPA Waivers are extremely useful because they allow parents to access educational records, including grades, tuition bills, and academic progress of their child which would otherwise become private once a student is no longer a minor. FERPA waivers allow parents to communicate with school directly to discuss financial aid or academic standing, as well as being able to more directly help their child with issues arising at their school.
Next Steps?
Although no one likes thinking about the worst-case scenario, emergencies can happen at any time, and it's best to be prepared. Making adequate preparations can help combat the potential anxiety that comes with children leaving home for the first time. Turning 18 is a tremendous cause for celebration, and taking responsibility for the many changes that come with reaching adulthood is extremely important. Ensuring that your child has a General Power of Attorney, Advance Healthcare Directive, and FERPA Waiver in place gives parents peace of mind and ensures that children will have the support needed in the case of emergency. At the Law Office of Andrew Gavrin, I can help ensure that these documents are prepared appropriately to meet your specific needs, and am always available to assist with your larger estate planning and estate administration needs.
Have more questions? Feel free to check out gavrinlaw.com or reach out with any questions!
The Law Office of Andrew Gavrin provides free initial consultations and is happy to provide more detail on these or other topics, and answer all of your questions. You can find more information at GavrinLaw.com or by contacting Andy Gavrin at andy@gavrinlaw.com or 484.416.5740. The information provided in this article does not, and is not intended to, constitute legal advice; instead, all information, content, and materials are for general informational purposes only. Note that information may not constitute the most up-to-date legal or other information.
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