A milestone for any parent occurs when their child turns 18. At this time of year, the 18-year-old may be anxiously awaiting a college admissions decision or otherwise deciding what the child’s next chapter will be after high school. Two significant items that should be at the top of the list of any parent whose child has turned 18 is to have the child execute a durable power of attorney and medical directive.

1. Durable Power of Attorney for Non-Medical Decisions

Once a child attains majority age (age 18 in most states), the child is of legal age to make the child’s own decisions. This is an opportune time for the 18-year-old, or any young adult for that matter, to execute a durable power of attorney to name one or more individuals, such as one or both of the child’s parents, to handle the non-medical affairs of the child if the child is unable to do so. For example, if a college-age child is studying abroad and the parent needs to access the child’s bank account to transfer funds to the child, sign the child’s income tax return, or deal with the child’s landlord, the parent cannot do so without the child’s consent. Further, if the child suffers a medical emergency and is unable to do any of these tasks on their own, the parent would have difficulty acting on the child’s behalf. With a durable power of attorney, however, wherein the child names the child’s parent (or other third party) as agent, the agent can conduct these and many other transactions on the child’s behalf. Significantly, without a durable power of attorney, if the young adult child is unable to handle their own affairs and the parent needs to act for the child for non-medical decisions, the parent would be required to file a court application to be named the guardian of the child—which most often is a costly and emotional process for the family. A durable power of attorney becomes effective immediately upon execution of the document by the child. An alternative form of power of attorney called a “springing” power of attorney can be implemented due to the child’s incapacity or inability to handle the child’s own affairs. The “springing” power of attorney typically becomes effective or “springs” into place only upon the confirmation from at least one physician familiar with the child’s medical history that the child is unable to act on their own. As a practical matter, the durable power of attorney is more commonly used.