Estate Planning Blog

Why You Should Create a Living Will and Power of Attorney for Your Eighteen-Year-Old

By the time their child turns eighteen, parents are well-accustomed to being able to advocate for their child in a number of ways and access information that helps them care for their child. However, once their child has reached the age of legal majority, parents must be granted permission by their child to access information such as medical records and bank accounts and can no longer speak or sign for their child in a legal capacity. In the event of an emergency, this can cause some serious complications for parents and children alike.

If their child becomes incapacitated but is no longer a minor, parents may be unable to access important information such as details of their medical treatment or financial accounts that could be necessary to pay bills while the child is incapacitated. Examples of situations in which this could occur include an accident or illness in which the child is unconscious for a period of time or admission to a mental health facility that likewise constitutes incapacity. These and other circumstances may leave parents with very limited ability to help their child or even know what is happening with them.   

Though this is all uncomfortable to think about, these unfortunate circumstances can be avoided with the creation of a living will and power of attorney for your child. Such a document would give, in case of emergency, legal permission to parents or guardians that would have otherwise been lost upon reaching the age of majority. The documents can be amended, altered, or terminated as necessary, such as when the child gets married. Creating these legal documents is a simple step that can help parents and their adult children avoid further complications in already stressful situations.

Though it’s scary to think about an event in which these documents may be necessary, it’s far scarier to be unprepared. To discuss creating these documents for your own family, contact McBrayer today.

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This article does not constitute legal advice.