Leading Estate Planning & Probate Attorney Rory Clark Explains Why A Child Becoming 18 Is A ‘Legal’ Game Changer – Leesburg, VA

Top Elder Law Attorney Rory Clark founder of the Legacy Elder Law Center in Leesburg, VA, discusses legal changes at 18, emphasizing medical and financial independence. For more information please visit https://legacyelderlaw.com

Leesburg, VA, United States – December 31, 2023 —

A child turning 18 in the U.S. means more than just being wanting to be treated as an adult in the eyes of the law. Attorney Rory Clark revealed that such a special birthday carries new rights and responsibilities from an estate planning perspective.

For more information please visit https://legacyelderlaw.com

One of the fundamental changes is that a parent can no longer assert control over their child’s life and, equally, cannot access their medical records to make decisions regarding any course of treatment they may require.

Clark said: “When a child hits 18, they are also entitled to privacy over their financial and educational information.”

Under the Health Insurance Portability and Accountability Act (HIPAA), when a child turns 18, their medical records can no longer be viewed by anyone other than them and their health provider.

The HIPAA can create many challenges, even in finding out whether an adult child received treatment. At the same time, medical professionals may refuse a parent to make medical decisions if a child is incapable of doing so.

The HIPAA release gives parents only the right to information; they do not have the right to make medical decisions for their child.

One consideration is encouraging the adult child to have a will or estate plan made when they turn 18 and to stipulate a health care proxy, including a HIPAA release. This allows the child to designate a parent or another trusted person to make medical decisions on their behalf if they cannot..

Similarly, adopting a durable power of attorney will enable a parent to access a child’s financial records, bank accounts or credit cards to ensure that bills are covered. This comes to the fore if the child becomes incapacitated. The POA could also help if the child is traveling and unable to access bank accounts.

He advised that if a child predeceases a parent, their assets may be passed on to them. This could mean a child be encouraged to consider an estate plan where they stipulate their decisions for asset distribution.

More importantly, these young adults should be encouraged to at least consider the health care proxy, HIPAA release and durable power of attorney as components of their plan.

Clark added that in cooperation with an estate planning attorney, the child might consider including end-of-life treatment instructions in their advanced medical directive to determinine ahead of time what type of life-sustaining treatment they want to receive.

Rory Clark concluded: “At the age of 18, these young adults may feel indestructible, but with guidance and help and collaboration from parents and an estate planning attorney, they can feel assured and confident that the angles of their long-term future are covered.”

Source: http://RecommendedExperts.biz

Contact Info:
Name: Rory Clark
Email: Send Email
Organization: The Legacy Elder Law Center
Address: 108 South St SE ste 212, Leesburg, VA 20175, United States
Phone: 703-783-1195
Website: https://legacyelderlaw.com

Release ID: 89117009

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