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Your child is now an adult! What does it mean for you, beyond a nostalgic milestone?

Ah, the magic of turning 18. Your child, once a baby bird relying on you for every need, is ready to spread their wings and fly. It’s a moment of pride, joy, and perhaps a touch of bittersweet nostalgia. But as your child steps into adulthood, there’s a little-known legal shift in how the society treats your relationship. You, dear parent, are no longer the captain of their financial and health decision-making ship. Yes, that’s right. Once they hit 18, your legal authority to make decisions for them vanishes, poof!

You’re no longer in charge of their finances or their healthcare. Now, before you start planning a dramatic “handing over the keys” ceremony, let's talk about the practical steps you can take to ensure both you and your newly-minted adult are prepared for this transition.

Transitioning to Adulthood: What Parents Need to Know

Reaching legal adulthood allows your child to make their own healthcare decisions and grants financial independence. These two things mean a loss of parental-decision making authority. Therefore, it’s up to your child to handle these vital matters on their own. Even though your child is now on their own, things happen and it helps to have a back-up plan or a “running mate.” Although scary to think about, precautions need to be taken to ensure that during emergencies, there is always someone ready to help with the decision making.

Solutions? Health Care Proxies and Power of Attorneys

For you to be able to make decisions for your child when they cannot make them for themselves, a HCP and POA must be signed. These documents will not only ease chaos, but provide peace of mind for you in knowing that you are prepared for an emergency.

What’s a Power of Attorney?

When your child signs a POA with you, you are given the ability to manage their finances if they are unable to. Such finances include managing bills, investments, etc. There are several kinds of POA, each that will fit a different set of circumstances.

Durable POA: Remains in effect if the person becomes incapacitated.
Springing POA: Only comes into play under specified conditions (i.e. incapacity or lack of mobility)

What’s a Health Care Proxy?

A HCP is a document that will establish you as the person who’ll make your child’s medical decisions for them. You, the proxy, will become your child’s agent and will have the ability to make choices for them regarding procedures, treatments, care plans, and more.

But what about their independence?

Doctors have to follow the directions of the agent named in the Health Care Proxy only if the principal, here, your child, is unable to direct their treatment. This usually means that for as long as the individual is able to communicate with their doctors about their care, they are in charge. Same idea applies to a properly drafted Power of Attorney. These documents should create a back-up plan, not take over the running of your child’s life.

What Can Happen Without These Documents?

Without these two documents, you will have no say regarding your child’s healthcare/finances since they are an adult, even though you’re family. If you skip this step, your only option would be to seek help from the Courts to have you appointed as your child’s guardian or conservator in the event your child is unable to take care of themselves. Guardianship or conservatorship requires a court proceeding, which is not only costly but also invasive and time-consuming. It involves proving the incapacity of your child and can lead to legal battles and prolonged stress. Why go through this when a simple preparation can save you the trouble?

So, by having these legal documents signed in advance, you and your family save time, money, and anxiety.

These documents are your child’s Safety Net (not yours)

Your child may specify what guidelines must be reached that’ll allow you to step in as their HCP and POA. Until they’re reached, your child remains in full control of their life and can do whatever they want. She, or he, can make changes these documents at any time as they grow and start their own family.

Taking the Next Steps

Signing these two documents sounds tedious, but with proper guidance, it’s simple. First, having a conversation with your child about why this is important for their wellbeing, and that it won’t undermine their adulthood, is key. From there, reach out to a consultant to discuss how to make these documents best suit your family. Waiting until the last minute is very risky with these things. Take action and help your child by starting now. Reach out to us today to schedule a consultation. Ask your child to come along and we’ll discuss the best options to ensure they are legally protected as they step into adulthood.

By: Nicholas S. Ratush, Esq. and Rebecca Viknyanskiy, intern.

About The Author

Nicholas S. Ratush, Esq., is licensed to practice before State and Federal Courts of the Commonwealth of Massachusetts and the State of New York. Currently, his practice is located in Holyoke, Massachusetts where he serves the greater Western Massachusetts community.

Nicholas was born in Kyiv, Ukraine and grew up in Brooklyn, New York. He received his Bachelor of Business Administration from Pace University majoring in Information Systems. He received his Juris Doctorate from the Brooklyn Law School in 2005 and has been practicing law since 2006. He also achieved his Master of Laws degree from the New York Law School with a concentration in Tax Law / Estate Planning.

Nicholas Ratush believes that effective client representation starts with a thorough examination of every detail of a case. That process often leads him to discover the vital pieces of information that are essential to develop highly effective strategies for dealing with the issues presented.