When Your Child Becomes a Legal Adult: What Every Parent Should Know

Guidance from a Birmingham, Alabama estate planning law firm.

Many parents are accustomed to making medical and financial decisions for their children and assume they will still be able to step in during an emergency once their children reach the age of majority. However, what many do not realize is that when a child becomes a legal adult, parents lose the right to make those decisions. This can become especially tricky if the child becomes incapacitated—whether temporarily or permanently—and the parents are unable to manage their child’s affairs or make critical decisions on their behalf.

Imagine sending your child off to college, only to receive a late-night phone call saying they have been in an accident, are in the hospital, and are unconscious. You rush to the hospital, and when you arrive, the staff asks if your child has an advance directive for healthcare. If you do not know or answer “no,” the hospital will follow their policies, which may not allow you to make a medical decision for your child.

The Age of Majority: What Does It Mean?

In Alabama, the legal age of majority is 19 (Alabama Code §26-1-1). In most states, the age is 18, though Nebraska also sets it at 19 (Nebraska Code §43-2101). In Mississippi, it is 21 (Mississippi Code Title 1, §1-3-27).

While turning 18 in Alabama grants an individual rights like voting, signing contracts, getting married, serving in the military, and moving out of their parent’s house, they are still considered a minor in certain legal situations. For example, if they are involved in an accident before age 19, their parents can still make medical decisions for them. However, once they turn 19, they are legally an adult, and parents lose their authority over medical and financial matters.

Medical Decisions

Under Alabama Code § 22-8A-4, individuals over the age of 19 can create an Advance Directive for Healthcare, allowing them to specify their medical preferences and appoint a healthcare proxy to make decisions on their behalf if they become incapacitated. This document is critical in guiding healthcare providers and loved ones when an individual can no longer express their own wishes.

The Advance Directive includes:

• A living will that outlines preferences for life-sustaining treatments if the individual is terminally ill or permanently unconscious.

  
  

• A healthcare power of attorney, which designates a trusted person (healthcare proxy) to make medical decisions if the individual is incapacitated.

  
  

Access to Medical Information

Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), parents can access their minor children’s medical records. However, once a child turns 18 (or earlier in some states and under some situations), they control access to their health information. To ensure that parents can still receive their children's medical records, young adults can sign HIPAA authorization forms, granting their parents access to critical health information.

In emergencies, medical providers can share information with family members, even if they are not listed on a HIPAA authorization form, if it is in the patient’s best interest, but this does not guarantee full disclosure. Having a HIPAA authorization in place ensures that parents can make informed decisions if necessary.

Financial Decisions

As children mature, they open their own bank accounts, marking an important step toward financial independence. However, in an emergency, a parent may need access to their child's account to manage financial decisions. Without proper planning, the parent may not have the legal authority to do so.

To address this, young adults have a few options:

• They may add a trusted person to their account as a joint account holder to allow that person to access the account.

  
  

• They may give a trusted person check-writing privileges, allowing the trusted person to manage their funds while they retain account ownership.

  
  

• They may execute a durable power of attorney, designating an agent to handle financial matters in the event they become incapacitated.

  
  

Additionally, parents may need to handle various aspects of their child’s financial and legal affairs in the event of an emergency, such as ending an apartment lease, contacting credit card companies, or managing utility accounts. However, if parents are not named as agents in a valid durable power of attorney, they may not be able to take these actions on their child’s behalf. Instead, they could be required to go through the court to be appointed as a conservator, which would allow them to make financial decisions for their child. This conservatorship process can be expensive, time-consuming, and may lead to family disputes.

Protected Student Information

The Family Educational Rights and Privacy Act (FERPA) gives college students control over who can access their educational records. Once students become “eligible” under FERPA, parents no longer automatically have access to their child’s grades, financial aid, or disciplinary records.

Before college starts, students should discuss with their parents which information they are comfortable sharing. If they choose to share certain details, they can complete a written consent form specifying what can be disclosed to parents or others.

Your Next Steps

Start by talking with your child about their responsibilities and options. This is a great opportunity to educate them and build their confidence in managing their affairs. Once they understand their options, they should complete the necessary documents—such as an advance directive for healthcare, a durable power of attorney, HIPAA authorization, and FERPA consent form. Make sure the designated individuals have copies and understand their responsibilities.

As you move forward, we invite you to contact our team at Provident Law / Estate Planning LLC. We can help you create a tailored plan for your family, ensuring peace of mind for the future. Reach out to schedule a consultation today.

About the Author

Colin McMichen is an experienced attorney and the founder of Provident Law / Estate Planning LLC, a Birmingham, Alabama based firm. With a focus on estate planning and probate law, Colin is dedicated to helping individuals and families make estate planning easy.