When your child turns 18, it really is only the very beginning of adulthood. But in most of the U.S. and most countries at age 18 they are now legally adults. And as adults, they are legally and officially responsible for their own actions.
As parents, this change in legal status affects our legal rights to access our child’s health, education and financial records. This area of the law is very complicated and varies across states and countries.
I spoke with Seacoast attorney Kate MacGregor to help clarify what parents can do, along with their child, to be able to continue to offer support, especially in emergency situations. Firstly, she suggested 4 forms to have prepared.
4 legal forms to consider having in place when your child turns 18:
Health Care Power of Attorney
The Health Care Power of Attorney gives parents authority to make health care decisions for their child in some situations.
“In New Hampshire, this is referred to as an ‘Advance Directive’ comprised of a ‘Durable Power of Attorney for Health Care’, which grants authority to another person to make certain health care decisions, and a ‘Living Will’, which sets certain parameters or documents the individual’s preferences,” explained MacGregor.
None of us want to think about emergency situations where our child is not able to make their own decisions regarding their health care.
Describing a difficult scenario MacGregor said, “If an emergency occurs and you do not have a Health Care Power of Attorney in place you will need to pursue emergency guardianship rights in court, which can be a costly and time-consuming process.”
HIPAA Authorization
We are all likely familiar with the Health Insurance Portability and Accountability Act privacy law. Once your child is an adult no one can access his or her medical condition or medical records without their consent.
“At a minimum, your child should execute whatever HIPAA authorizations are provided by the medical professionals regularly involved in your child’s care. Since HIPAA is a federal law, a HIPAA Authorization (if not specific to a particular doctor or hospital) may be used in other states and localities,” explained MacGregor.
MacGregor also noted that HIPPA and FERPA authorizations sometimes conflict.
FERPA Authorization
The Family Educational Rights and Privacy Act requires that students over age 18 give written consent before anyone can access their educational records. (MacGregor noted that this also applies to “any student attending a post-secondary institution, regardless of age.”)
Under FERPA, ‘Educational Records’ includes transcripts, disciplinary actions, scholarship and tuition information. Your child will need to sign their school’s approved form for you to have access to any of these records.
The form may also differentiate the types of records that you can access. For example, “your child may grant you the ability to have access to tuition bills and financial records but not to their grades or disciplinary records,” said MacGregor.
Note that you cannot automatically access your child’s tuition bills without their permission. Even if you are paying their tuition.
Also look into how your child’s campus health clinic defines health records. If they are considered educational records they are covered by FERPA. Your child will need to separately grant you access to these health records. It’s important for you and your child to understand and discuss these details.
Financial Power of Attorney
The Financial Power of Attorney allows you to have access to your child’s financial records and make financial decisions on behalf of your child. Examples include taxes, contracts and time-sensitive financial decisions.
“Each state has its own requirements. The New Hampshire statute details its requirements and provides an example of a Power of Attorney,” said MacGregor. (Search RSA Text 564-E:30)
“Adult” Children Still Need Parenting
All of this highlights how important it is to continue to communicate openly with our children at every age. We can recognize their independence and still let them know we are here to support them.
It’s important to read the state (or country) laws regarding the age of majority where your child resides. Also, consider consulting with an attorney with any questions you may have when your child turns 18.
Related Resources
Register to vote at age 18 in New Hampshire
Registering with selective service for men age 18
New Hampshire resource guide for families with children of all ages with special health needs
