2 Documents Your Child Needs When They Turn 18
Your child’s 18th birthday is a significant milestone. They are now legally recognized as adults in Georgia and the rest of the country and world, meaning they can make healthcare and financial choices. Since you and your spouse can no longer decide about such matters for your adult child, encouraging them to procure two important legal documents is highly recommended. Learn about these two documents and why they are important when your child turns 18.
Advance Directive
An advance directive is something every college student should create. It is a legal document outlining the student’s healthcare wishes if they cannot make decisions for themselves for any reason. Common reasons for being unable to make such decisions include incapacitation from a serious injury or illness.
The document outlines what your college-age child wants regarding resuscitative efforts, organ donations, comfort care, blood transfusions, and life support, among other medical care. And while these directives are often created by individuals with chronic health issues or injuries, they are recommended for everyone.
This legal document is also referred to as a living will. Your adult child can change the document however they see fit, such as altering their comfort care or life support preferences. To create an advance directive, your child should consider working with a Georgia Estate Planning Attorney.
The legal professional can help ensure the document features all of their wishes and answer any questions. The lawyer will furnish an advanced directive form, or your child can print one from the many online resources available. Libraries often have these forms as well.
Having the living will conversation with your child around their 18th birthday can seem a bit morbid, but it does not make the conversation any less vital. Since it is not uncommon for newly-minted 18-year-olds to think creating an advance directive is a preemptive measure, consider stressing the following benefits:
The child is now 18 and in charge of their healthcare decisions
Creating the directive provides peace of mind not only for your child but for you and other family members
The directive can be changed however they wish, whenever they wish
The child’s healthcare wishes will be carried out exactly how they want in the event of an accident or illness
After emphasizing the advantages, your child might be eager to create the document and feel good about taking charge of their new life when your child turns 18.
Have questions about legal documents for when your child turns 18? Call SmithTaire Legal today to speak to a Georgia estate planning attorney.
Power of Attorney
The other essential legal document your child should create when they turn 18 is a power of attorney document. This document states who has the power to manage healthcare, legal, and financial affairs, again in the event of incapacitation. The attorney makes decisions on behalf of the individual in a way that is fair to the person and in line with their wishes. This agent must be at least 18 years old and of sound mind to work in such a capacity.
Most people choose family members as their power of attorney, such as a parent, brother, sister, or cousin. Others select trusted, close friends or even lawyers. For example, a family attorney who has worked for loved ones for years can be named a power of attorney.
There are several types of power of attorney to discuss with your college-age child:
Durable: a durable power of attorney has the power to make decisions on your college student’s behalf upon incapacitation for any reason. This agent can also exercise decision-making powers upon signing the POA document. When the person is granted this ability is up to your child, but they remain the POA after that.
General power of attorney: A general POA has a wide range of powers they exercise on behalf of their family member, friend, or client. Your child might want to grant a general power of attorney abilities to streamline decision-making processes. This individual can decide about financial and business transactions, making gifts, hiring professional help, purchasing life insurance, and settling legal claims.
Limited, or special, power of attorney: a limited power of attorney limits what powers the agent can exercise in case of your child’s incapacitation. A limited attorney may only be able to oversee business transactions or manage real estate holdings, for example.
Financial power of attorney: This agent is a fiduciary who makes financial decisions for your child when they are unavailable for any reason, such as illness or studying overseas. They cannot make any other decisions on your college-age child’s behalf.
If your child has trouble deciding who should be their power of attorney, encourage them to think about the people they trust the most and who have their best interests in mind. The young one might also want to consider appointing multiple agents they feel would do their best in their positions. For example, your child might want you to act as their limited power of attorney regarding real estate decisions and ask their sibling to work as their financial power of attorney.
Call a Georgia Estate Planning Attorney Today
Should your 18-year-old or older child require assistance creating these or any other legal documents, they can contact Georgia estate planning attorney Jammie Taire at SmithTaire Legal. When your child turns 18 you want to make sure they have the proper legal documents in place. Call our office at (678) 253-8133, or submit our contact form to schedule an appointment.
