The Legal Side of Turning 18

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Your child is turning 18. On the outside, not much has changed—they still mix lights and darks in the wash or forget their bag on the roof of the car. But legally, everything is different. At 18, your child is now considered an adult in the eyes of the law.

And with that legal adulthood comes a harsh reality: as a parent, you may no longer have any authority to step in during a crisis. Without the proper legal documents, you could be shut out of making medical decisions or accessing vital information if something goes wrong.

Turning 18

Each year, thousands of young adults—many of them college-aged—tragically pass away in the United States. Nearly half of these deaths are due to accidents, not illness. While we all hope our children remain safe, the truth is that youth doesn’t make them invincible.

Think about it this way: you carry homeowner’s insurance not because you expect your house to be damaged but because you want to protect it just in case. The same principle applies here. You expect your child to thrive in college or wherever life takes them, but a few simple documents can help protect them—and give you peace of mind—if the unexpected occurs.

Why Legal Documents Matter at Age 18

On April 14, 2003, the HIPAA (Health Insurance Portability and Accountability Act) privacy rule went into effect. Its purpose is to protect every individual’s private medical information. That includes your adult child.

That means if your child is injured, hospitalized, or incapacitated in any way, you might not be allowed to speak with their doctors or receive updates about their condition—unless they’ve given you legal permission in advance.

To stay informed and able to act in an emergency, your child should have:

  • HIPAA Authorization – Grants you access to their medical information.
  • Medical Power of Attorney (Health Care Directive) – Allows you to make medical decisions on their behalf if they are unable to do so.
  • Durable Power of Attorney (for Property) – Allows you to handle legal or financial matters for your child, such as managing their apartment lease, banking, or student loan paperwork. This can be especially important if they study abroad or travel extensively.

A Gift of Security

It’s important to emphasize that these documents don’t give you the right to control your child’s decisions. They’re safeguards—only activated in emergencies—meant to protect your child’s well-being and allow you to help when they cannot help themselves.

Turning 18 is an exciting milestone, full of independence and new adventures. Giving your child the tools to face that independence responsibly—including the legal protections they may not even realize they need—might be the most meaningful birthday gift you can offer.

If your child is 18 or older, now is the time to act. Contact McGee Law Firm to learn more about creating a young adult estate plan that covers these crucial documents and helps your family stay prepared, no matter what life brings.

From the desk of Attorney Brandon McGee

Brandon McGee
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