Your Child’s 18th Birthday: Their First Legal Milestone

Why Legal Authority Changes When a Child Turns 18

Turning 18 changes a parent’s legal relationship with their child overnight. Under Virginia Code § 1-204, a person reaches the age of majority at 18. Parents may remain closely involved, but that parent/child relationship alone does not automatically give parents the authority to manage an adult child’s finances or make decisions for them.

What Legal Documents Should Families Discuss Before Adulthood?

When a child turns 18 in Virginia, they become a legal adult and generally take control of their own healthcare and financial decisions, along with access to education records. Families should discuss an Advance Medical Directive, Durable Financial Power of Attorney, HIPAA Authorization, and, for students, a FERPA release. Starting the conversation before the 18th birthday gives the young adult time to decide who should be able to help them and what level of authority they want to give in their legal documents.

Hypothetical example: A 19-year-old college student is hospitalized after a car accident. She is temporarily unable to communicate. Her parents want medical information and need to address their child’s bills and other practical matters. Without the right authorizations and planning documents the parents are not legally entitled to access their daughter’s financial and medical matters. (This example is illustrative only and is not based on a Hook Law client matter.)

Once a child becomes an adult, parents should not assume that the access they had when their child was a minor will continue. Healthcare providers may sometimes share limited information with family members under applicable law, but access to records and decision-making authority are separate issues. The same principle applies to financial matters.

Medical and Financial Power of Attorney Documents to Discuss

The phrase medical and financial power of attorney often refers to two separate planning tools. In Virginia, healthcare authority is commonly addressed through an Advance Medical Directive, while financial authority can be granted through a Durable Power of Attorney.

Advance Medical Directive for Healthcare Decisions

Virginia Code § 54.1-2983 allows a capable adult to make a written advance directive that addresses healthcare and can appoint an agent to make healthcare decisions if the adult later becomes incapable of making an informed decision on their own.

The directive can also address treatment preferences. A separate HIPAA Authorization may provide additional clarity about who may receive protected health information and who doctors are allowed to speak to.

Durable Financial Power of Attorney

A Durable Power of Attorney allows a young adult to authorize a trusted agent to handle specified financial matters, such as paying bills or working with financial institutions, if the young adult is rendered unable to make financial choices for themselves. 

It is important the Power of Attorney is “Durable,” meaning the document is still legally valid even if the young adult becomes incapacitated. Under Virginia Code § 64.2-1602, a power of attorney created under Virginia’s Uniform Power of Attorney Act is durable unless it expressly says otherwise. Durability allows the young adult to speak through the documents at a time when they cannot speak for themselves. 

What Other Documents May Matter at 18?

Other authorizations may matter if the young adult is attending college or beginning to manage their own healthcare.

FERPA Release for College Records

Under FERPA, rights generally transfer to the student when the student turns 18 or attends a postsecondary institution. A student can authorize the school to share covered education records with a parent or another person.

HIPAA Authorization for Medical Information

A HIPAA authorization can identify who may receive protected medical information. It can be useful alongside an advance medical directive because access to information and authority to make healthcare decisions are separate issues.

Families reviewing these documents may also want to consider how they fit within a broader Estate Planning & Wealth Transfer plan.

What Happens Without These Documents in Virginia?

The absence of an Advance Medical Directive does not automatically mean a parent must seek legal authority from the court through a process called a guardianship or conservatorship petition. 

For healthcare decisions, Virginia Code § 54.1-2986 establishes an order of priority for certain people who may authorize care when an adult patient has been determined incapable of making an informed decision and has not appointed an agent or provided applicable instructions. Broader personal or financial authority can be more complicated, however. A conservator may be appointed by the court to manage property and financial affairs

When deciding whether a guardian or conservator is needed, Virginia Code § 64.2-2007 directs courts to consider less restrictive alternatives, including Advance Directives and Durable Powers of Attorney,. Appropriate planning documents can therefore reduce the need for court-appointed authority for matters those documents already cover.

Families facing this situation can learn more through Hook Law’s Guardianships & Conservatorships practice page.

Steps to Take Before the 18th Birthday

Families can prepare for the legal transition before the birthday.

1. Start the conversation early. Explain that the young adult can choose who can help and when.
2. Discuss primary and backup agents. Consider who is trustworthy and able to handle the responsibility.
3. Talk through preferences. Make sure the people named understand the young adult’s healthcare and financial priorities.
4. Meet with an attorney if guidance is needed. An attorney can explain how Virginia law applies and prepare appropriate documents.
5. Plan for signing after the 18th birthday. Families can prepare beforehand and arrange for adult planning documents to be executed once the child reaches adulthood.
6. Store copies where they can be accessed. The young adult and named agents should know where current documents are kept.
7. Review the documents periodically. Changes in residence or other life circumstances can affect whether the plan still fits.

Does a Young Adult Need a Will or Trust?

Turning 18 can also be a useful time to consider basic estate planning. A Will directs the probate court as to how property passes at death rather than leaving distribution entirely to Virginia’s intestacy rules under Virginia Code §§ 64.2-200 and 64.2-201. A trust, on the other hand, allows for lifetime incapacity planning by naming successor Trustees, directs how property passes at death, and assets held within the trust generally avoid probate court. Whether one makes sense depends on the person’s assets and planning goals, including their family circumstances. Families who want to look beyond Powers of Attorney and Medical Directives can review Hook Law’s Estate Planning & Wealth Transfer services.

Key Takeaways

• In Virginia, a child becomes a legal adult at 18.
• An Advance Medical Directive and a Durable Power of Attorney let a young adult choose who may assist if they later become incapacitated.
• HIPAA and FERPA authorizations address access to medical and education information.
• Without planning documents, Virginia law may provide other routes for healthcare decisions, while broader authority may require court involvement in some circumstances.
• Families can begin planning before the birthday and arrange for appropriate documents to be executed once the young adult reaches adulthood.

Frequently Asked Questions

Can a Young Adult Change or Revoke These Documents Later?

Yes. As long as the young adult has legal capacity, they can generally update or revoke these documents. Review them after major life changes.

Should These Documents Be Updated If My Child Moves to Another State?

Possibly. State requirements can differ, so a young adult who relocates may want an attorney to review existing documents for use in the new state.

Can My Child Name Someone Other Than a Parent?

Yes. The young adult chooses whom to authorize. Depending on the document, they may also be able to name a successor or backup agent if the first person chosen cannot serve.

When Should Families Review These Documents Again?

A review may make sense after a move, change in school or employment, marriage, a significant financial change, or another event that affects the young adult’s relationships or responsibilities.

Conclusion: Start the Conversation Before the Birthday

Turning 18 changes legal authority even when everyday family life looks much the same. Discussing medical and financial power of attorney planning in advance gives the young adult time to make deliberate choices about who may assist and what authority they should have.

The goal is to have useful documents in place before they are needed and to make sure the people named understand their roles.

Talk With Hook Law About Planning for Adulthood

Hook Law helps families prepare documents that reflect changing needs and responsibilities. Contact Hook Law to discuss planning for a child approaching adulthood.