GRADUATION SEASON An Important Legal Milestone for Your Young Adult
As the school year winds down, high school seniors across the country eagerly anticipate graduation and the newfound independence that follows. For parents and guardians, this is often a time of mixed emotions — pride in their child’s accomplishments and apprehension about what lies ahead. While your graduate may be focused on college, entering the workforce, or taking a gap year, one important topic often gets overlooked: What happens if they are incapacitated and unable to make decisions for themselves? Once a child turns 18, they are legally considered an adult. This means parents and guardians no longer have the automatic right to
Fortunately, this can be avoided with a few simple legal documents. A Property Power of Attorney allows your young adult to appoint someone they trust to manage financial matters if they
become unable to do so themselves. An Advance Health Care Directive enables them to name a health care agent and specify their medical wishes should they become incapacitated.
Creating these documents is a straightforward process but one that
provides immense peace of mind for both young adults and their families. It ensures that in a crisis, the people who love them most are legally empowered to help.
As you prepare for this exciting new chapter, consider giving your graduate the gift of legal protection. If you have questions or would like to schedule an appointment to create these essential documents, contact our office today. We’re here to help you and your loved ones feel confident and secure in the transition to adulthood.
make medical or financial decisions on their behalf or access their information in an emergency. If your adult child were to be hospitalized or face a serious medical event, you could be required to go through a lengthy and stressful legal process — often involving probate court — to obtain decision-making authority.
BEYOND THE WILL DO YOU NEED A HEALTH CARE PROXY?
It can be difficult to think about, but imagine being rushed to the hospital after a sudden accident. You’re unconscious and unable to speak. Do you know who will make critical decisions on your behalf? This is the role of a surrogate decision-maker. If you haven’t created a health care power of attorney naming a health care proxy, default surrogate decision-making will come into play. Most of the time, your next of kin will fill this role. State statutes vary, but the order of priority typically starts with a person’s spouse or domestic partner. From there, it moves to adult children, parents, and siblings. Some states also authorize close friends with default surrogate decision- making powers when others with higher priority are unavailable. Preparing for the Unexpected The process for granting decision-making powers in critical health care situations
is well thought out but imperfect. What happens when there are complex family dynamics or an estranged relative is legally first in line to make decisions? What about family members who can’t agree? Real-life situations can get complicated fast. Fortunately, default surrogate decision- makers must consider the known values and wishes of the person they represent. Health care professionals must also follow these wishes, which they don’t always know. This is why planning is essential — so your wishes are understood and respected. Avoiding Confusion and Uncertainty If you have preferences about medical treatments, don’t keep them a secret. Discussing them with your closest friends and family members is always advisable so everyone understands and is on the same page. Designating a health care proxy takes things a step further. You can choose
anyone as long as they are competent and at least 18 years old. Many people also choose an alternative surrogate to make decisions if their primary choice is unavailable. The designation document must be signed in the presence of two adult witnesses, although requirements may vary by state. Reviewing designations every few years and after major life events will keep them current. As with all long-term plans, taking a few steps now will give you peace of mind and ensure your wishes are clear. In the case of surrogate decision-making, planning also ensures your voice is heard even when you can’t speak for yourself.
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