1. Estate Planning Client Education
  2. Choosing the People in Your Planning
  3. Choosing the People in Your Planning

Why does my child need a power of attorney after turning 18?

When your child turns 18, they become a legal adult. From that day, you lose automatic authority to act for them or to see much of their information. That is true even if they live at home and you pay their bills.


A few documents, signed by your child, restore what most families need.


What changes at 18

  • Medical information: Doctors and hospitals generally cannot share your child’s health information with you without your child’s permission.
  • Medical decisions: If your child cannot speak for themselves, you have no automatic right to make decisions for them.
  • Money and accounts: You cannot manage accounts in your child’s name or deal with companies on their behalf.
  • School records: Colleges generally share grades and other records only with the student’s consent.


Without documents, a parent may need to ask a court for authority in an emergency. That takes time and money at the worst possible moment.


The documents a young adult can sign

  • Financial power of attorney: Lets a parent or other trusted person handle money and paperwork if your child cannot.
  • Health care documents: Name the person who can make medical decisions if your child cannot.
  • Health information authorization: Lets doctors share health information with the people your child names.
  • School records release: Lets a college share records with parents. Most colleges have their own form.


If you live in Oregon
In Oregon, the health care decision-maker is named in an Advance Directive and is called a Health Care Representative.


These are your child’s documents

Your child signs these documents and chooses who to name. A parent cannot sign them on a child’s behalf. Your child should understand what each document does and sign willingly.


A disability may prevent your child from understanding or signing these documents. If so, talk with your attorney about other options well before your child turns 18.


When to sign

The best time is around the 18th birthday, before your child leaves for college, a job or travel. If your child lives or studies in another state, ask your attorney whether anything more is needed there.


Keep copies where they can be found quickly, including on your phone. Your child should keep a copy too.


Want to read more?

These articles are optional.

  • Financial power of attorney: What your Financial Agent can do and how to choose one. See this article.
  • Health Care Agents: Choosing the person who makes medical decisions for you. See this article.
  • Glossary: Common estate planning terms. See this article.

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