September 25, 2020

Volume X, Number 269

September 25, 2020

Subscribe to Latest Legal News and Analysis

September 24, 2020

Subscribe to Latest Legal News and Analysis

September 23, 2020

Subscribe to Latest Legal News and Analysis

Is Your Child Turning Age 18 – How Can You Still Be There to Help?

Your child’s transition to adulthood is an important time in life. If your child has reached age 18, particularly an adult child travelling to attend school or work, important changes have occurred. At age 18, your child is an adult under New Jersey law, even if he or she is still living at home. Your adult child now controls his or her own medical and financial decisions, and a parent’s access to information is restricted. Several documents are available to address these changes and appoint agents to assist your child during this stage of life.

A Power of Attorney appoints agents to help with financial and legal decisions – particularly in the event of incapacity. Understanding these issues is a key component of drafting and implementing the Power of Attorney. For example, a Power of Attorney needs to avoid terms that cause unnecessary delays or restrictions on the agent’s authority to act. Children pursuing higher education should also consider the Family Educational Rights Privacy Act (FERPA). FERPA is a federal law that protects the privacy of student educational records and can restrict access to this information. Your child can include FERPA related terms in a Power of Attorney, as well as signing a FERPA release with your child’s educational institution.

A Power of Attorney for Healthcare designates healthcare agents who are best suited to make these types of decisions. The healthcare agent’s authority should include the type of treatment, control over medical staff, choice of healthcare facilities, and pain management. In addition to the Power of Attorney for Healthcare, a separate release under the Health Insurance Portability and Accountability Act (HIPAA) may also be useful. A HIPAA Release will assist with access to important medical information from healthcare providers if the need arises.

Finally, adult children should also have a Will in the unlikely event that it is needed. A Will can be completed at the same time as other estate planning documents.

Whether your child is leaving home or staying with you, these documents will make you and your child better equipped to handle unforeseen circumstances or an emergency. As your child enters this new stage in life, these documents can give parents added peace of mind. If your child is approaching age 18, or is already over 18, now is a good time to discuss these documents with your child and the problems that can arise if they are not implemented.

COPYRIGHT © 2020, STARK & STARKNational Law Review, Volume X, Number 227

TRENDING LEGAL ANALYSIS


About this Author

Robert F. Morris, Stark and Stark, Trusts and Estates Lawyer
Shareholder

Robert F. Morris is a Shareholder in the Trusts & Estates Group of Stark & Stark. Mr. Morris’ practice focuses on the areas of estate planning, wills, trusts and probate. Mr. Morris has substantial experience in drafting sophisticated estate planning documents including complex wills, insurance trusts, personal residence trusts, and grantor trusts. He provides counsel to both fiduciaries and beneficiaries in all aspects of trust, probate and estate administration, including the litigation of contested estates and trusts. Mr. Morris’ estate planning practice...

609-945-7617