Your Child Is Turning 18: Why Estate Planning Belongs on the Checklist

An eighteenth birthday often comes with plans for college, a first job, or moving away from home. Estate planning rarely makes the list. After all, most teenagers have more student expenses than assets.

But an important legal change happens at 18: your child becomes an adult. In Florida, that means parents generally no longer have the same authority to handle their child’s medical and financial affairs. Paying tuition, providing housing, or keeping a child on your health insurance does not preserve the authority you had when your child was a minor.

A basic estate plan helps young adults decide who they trust to help them and gives those people the appropriate authority if assistance becomes necessary.

Who Can Help With Medical Decisions?

Imagine receiving a call that your college student has been hospitalized after an accident. Your first concern is getting to the hospital. Questions about who can receive information and make treatment decisions should already have answers.

A Florida designation of health care surrogate allows an adult to select someone to make medical decisions if the adult becomes unable to do so. Your child can also name an alternate in case the first person is unavailable. The document may authorize immediate assistance with health information or medical decisions, while preserving the capable adult’s right to make controlling decisions about their own care.

Without a designation, Florida law provides a priority list of people who may act as a health care proxy for an incapacitated patient. A parent may qualify, depending on the circumstances. A court-appointed guardian is therefore not always necessary. Nevertheless, choosing a surrogate in advance makes your child’s preference clear and can reduce uncertainty during an already stressful situation.

Access to Medical Information Matters, Too

The ability to receive medical information is related to, but different from, the authority to make treatment decisions.

A HIPAA authorization allows your adult child to identify the people with whom medical providers may share protected health information. Your child can discuss the scope of that authorization with an attorney and decide what access is appropriate.

Federal privacy law does permit certain disclosures to family members without written authorization, including some situations involving an incapacitated patient. However, parents should not assume they have unrestricted access to an adult child’s medical records simply because they are paying the bills. Written authorization can make communication easier and clarify the young adult’s wishes.

Financial Responsibilities Do Not Stop During an Emergency

Even a young adult with modest assets may have a bank account, rent payments, tuition obligations, or other financial responsibilities. If an illness or injury prevents your child from handling those matters, being a parent does not automatically authorize you to manage an account held solely in your child’s name.

A durable power of attorney can authorize a trusted person to handle specified financial and legal matters. Its durable nature allows the authority to continue during incapacity. The document should be tailored to the young adult’s circumstances and the powers they actually want to grant.

One feature of Florida law deserves particular attention: a newly signed power of attorney generally takes effect when executed. With narrow exceptions, it cannot be drafted to become effective only upon a future determination of incapacity. Choosing a trustworthy agent and understanding the authority granted are essential.

A Living Will Communicates Treatment Preferences

A living will addresses wishes concerning life-prolonging procedures in circumstances such as a terminal condition, an end-stage condition, or a persistent vegetative state. It serves a different purpose from naming a health care surrogate: one expresses treatment preferences, while the other identifies a person authorized to help make decisions.

These conversations can feel uncomfortable, particularly when a child is just beginning adult life. Discussing preferences while everyone is healthy gives family members guidance they might otherwise have to piece together during a crisis.

Does an 18-Year-Old Need a Last Will and Testament?

Florida law allows a person who is at least 18 and of sound mind to make a will. Whether a simple will should be part of a young adult’s initial plan depends on their assets, family circumstances, and wishes.

A young adult may own savings, a vehicle, or possessions with significant sentimental value. A will can direct the distribution of probate assets and nominate a personal representative to administer the estate.

Without a will, Florida’s intestacy statutes determine who inherits those assets. For example, when a person dies without a surviving spouse or descendants, the intestate estate generally passes to the person’s parents equally, or to the surviving parent. That outcome may fit your child’s wishes, but it should be understood rather than assumed.

Make the Plan Part of the Transition to Adulthood

The best starting point is a conversation. Ask your child whom they would want helping with medical decisions, whom they trust with financial responsibilities, and whether those people understand their preferences.

Once documents are signed, make sure the appropriate people can find them. Provide copies where needed, keep contact information current, and revisit the plan as relationships, finances, and living arrangements change. If your child will attend college outside Florida, discuss that with the attorney preparing the documents.

These are your adult child’s decisions. A thoughtful plan respects their independence while giving trusted people a clear way to help.