Estate Planning for Young Adults

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Essential Legal Documents for Your College-Bound Child

When your child turns 18, they are legally an adult. While this is a moment of pride for many families, it also means that parents lose the legal authority to make medical or financial decisions for their children. This can be a serious issue for college students, who are often living away from home for the first time.

At Futterman Lanza, LLP, our experienced estate planning attorneys can help you and your young adult child prepare for this new stage of life. We can ensure that you have the legal documents in place to provide support during a crisis, giving you peace of mind while your child is away at school.

The Legal Reality When Your Child Turns 18

Once a child reaches the age of 18, parents no longer have automatic access to their medical records or the authority to make healthcare decisions on their behalf. Additionally, they cannot manage their child’s finances, even if they are paying for tuition and other expenses.

Imagine this scenario: your child is away at college and has a medical emergency. Without the proper legal documents, you may not be able to speak with doctors, access medical records, or make decisions about their care. In a worst-case scenario, you might have to go to court to get guardianship, which is a costly and time-consuming process.

Essential Documents for Every College Student

To avoid these potential legal hurdles, we recommend that all college students have the following documents in place:

  • Health Care Proxy: This document allows your adult child to name a “health care agent” (typically a parent) to make medical decisions for them if they are unable to do so. The agent can access medical records, speak with doctors, and coordinate care.
  • Living Will: A living will outlines your child’s wishes regarding medical treatment, such as life support and organ donation. This ensures that their preferences are respected in a critical situation.
  • Power of Attorney: This document allows your child to appoint an agent to handle financial matters. This can include managing bank accounts, dealing with insurance claims, and addressing issues with tuition and financial aid.

Why You Need an Experienced Attorney

It is important to consult with an estate planning attorney to ensure that these documents are prepared correctly and comply with all state laws. Our attorneys will have a conversation with your child that focuses on empowerment, explaining that these documents are designed to protect their interests and ensure their wishes are followed. Your child will maintain control over their decisions and can change or revoke these documents at any time.

Contact Our Long Island Estate Planning Lawyers Today

Don’t wait for an emergency to address these important legal matters. Having these documents in place should be a standard part of preparing for your child to head off to college.

Contact Futterman Lanza, LLP today to schedule a free consultation with one of our experienced estate planning attorneys. We have offices in Smithtown, Melville, and Garden City, and we are proud to have served the Long Island community for over 21 years. Let us help you and your family prepare for the future with confidence.

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