Your Rights As The Parent Of A Young Adult - What You Need To Know When A Medical Crisis Hits

March 6, 2023

As a parent, you are accustomed to managing your children's legal and medical affairs, but what happens when your child turns 18 and need urgent medical attention far from home?

The simple fact is that the day your child turns 18, he or she becomes an adult and has the legal rights of an adult. This means that you lose your prior held rights to make medical and financial decisions for your child unless your child executes legal documents giving you those rights back. Without the proper legal documents, accessing medical information and even being informed about your adult child’s medical condition can be difficult and in some cases, impossible.

When sending kids off to college, it is crucial to consider the legal implications of an accident or medical emergency on your ability to stay informed and participate in important decision-making for your young adult child. Medical professionals are responsible for following the Privacy Rule of the Health Insurance Portability and Accountability Act (HIPAA), which ensures medical privacy protection for all adults. Once your child turns 18, they are (from a legal perspective) no more attached to you than a stranger, making communication about medical issues is tricky if your child is incapacitated and not able to grant permission on their own.

In most states, these three legal documents can make all the difference when a medical crisis strikes and your young adult child is far from home. When utilized together, they can ensure a parent or trusted adult be kept in the loop about care and treatment when a child over the age of 18 experiences a medical event while they are away at college, traveling, or living far from home. As with most legal documents, the law varies from state to state, so be sure to seek out the counsel with us, Young Law Group, to determine which forms suit your situation best.


HIPAA

Essentially like a permission slip, this authorization allows your adult child to specify who is allowed access to their personal medical information. Specific information can be specifically withheld, such as drug use, sexual activity, and mental health issues so that additional privacy can be protected if desired.


Medical Power of Attorney

Designates an agent to make medical decisions for the young adult. This could be you, as the parent or another trusted adult. Each state has different laws governing medical power of attorney, requiring different forms. Be sure to check with us, Young Law Group, to be sure you are following the laws of your state and the state where your child resides.


Durable Financial Power of Attorney

Allows the parent or another trusted adult to take care of personal business if the adult child cannot do so. This form would allow the parent to take care of such important tasks such as signing tax returns, paying bills, and accessing bank accounts for the incapacitated adult child. A durable power of attorney is powerful and gives broad access to sensitive financial and legal decision-making and should only be given to a trusted relative or friend.

The milestones come quickly once children graduate high school and enter the big, wide world away from home. As your family navigates these significant rites of passage, consult us as your Personal Family Lawyer to determine the steps necessary to ensure excellent communication and peace of mind when a medical emergency arises. Consider including your young adult children in the process. We’re here to help your family establish the legal and medical protections needed to live your desired lives. Contact us today to schedule your Family Wealth Planning Session for your family and get the right documents in place for your kids.


By Sharia Young • September 28, 2026
You bought the policy because someone depends on you. That was an act of care, even if it felt like one more form to finish between work, dinner, and everything else.  Now you have a trust, and a question: should your life insurance beneficiary still be your spouse?
By Sharia Young • September 14, 2026
An inheritance trust for adult children is not about controlling the money or questioning your child’s judgment. It places protection around family wealth before that wealth enters the legal and financial risks that accompany the life your child has built.
By Sharia Young • August 31, 2026
In 2026, estates and trusts enter the 37% federal marginal income tax bracket once taxable income exceeds $16,000. A single individual does not enter that bracket until taxable income exceeds $640,600.  Those numbers get attention. They do not answer the most important question: What do you want this wealth to make possible for the people you love?