HAPPY 18th BIRTHDAY!
YOUR CHILD IS A LEGAL ADULT!
By Sophia Y. Cizmarik
Do you have a child that just turned 18 who is going off to college or beginning a new
chapter in their life? It’s an exciting time where they’re thinking about what school they’re
deciding on, what majors they’re picking, what experiences they’ll have and what they want to
purchase at Target and Ikea to decorate their newly assigned dorm room. What they’re not
thinking about is in case of an emergency who is going to be their “team” if they become
incapacitated.
Having a child turn 18 is exciting but what does it mean for parents? This means that in
California they are considered legal adults where you can no longer consent on their behalf. As
adults you do not have access to any information on your child’s condition if they are in an
accident or experiencing an emergency because your child did not authorize you to act as their
agent. This can be extremely difficult both for children and parents. What can one do to remedy
this situation?
What Can You and Your Child Do?
Whether you are 18 through 100, we all need someone to help us if we’re incapacitated.
Your child can execute a Power of Attorney for Finances, an Advance Health Care Directive and
HIPAA release which are documents that appoint an agent or person to help us. These
documents listed below gives a parent the authority to make medical decisions on behalf of a
child and help with any financial tasks that may need to be completed during this time.
Advance HealthCare Directive
An Advance Healthcare Directive is an individual’s healthcare instruction. The Advance
Healthcare Directive honors the right of an individual to control the course of their medical care
in all circumstances, as well as the right to designate a family or friend to make these choices in
the event a child’s mental incapacity. The Advance Health Care Directive authorizes agents to
make medical decisions if a child cannot express their wishes or make the decisions.
