As a parent, you’ve carefully planned for your family's future from college savings to health insurance. But have you considered that once your child turns 18, their estate and healthcare needs require a different approach?
Estate planning for young adults and college students is an often overlooked but incredibly important step that helps ensure your adult children are protected, even when they’re far from home.
If your child is heading to college, starting a new job, or living independently, establishing a solid estate plan now can give you peace of mind and protect their best interests.
The following legal insights from an experienced estate planning lawyer from Amichai Law clarifies why preparation is essential, what documents should be included, and how we can help you create a plan that fits your family’s unique needs.
Want to talk more about what estate planning documents your child needs? Schedule a free consultation online or by calling (619) 356-0517.
Key Takeaways About Youth Estate Planning Lawyers
- Legal Independence at 18: Once your child turns 18, they gain legal rights, making estate planning essential to ensure you can assist with medical and financial matters in emergencies.
- Key Documents: An estate plan for young adults should include an Advance Healthcare Directive (with HIPAA authorization), a Durable Power of Attorney, and a Simple Will to cover medical, financial, and inheritance needs.
- Digital Legacy: Including provisions for digital assets, such as appointing a legacy contact, ensures your child’s online accounts and data are managed according to their wishes.
- Professional Guidance: Partnering with an experienced estate planning attorney ensures all documents are legally sound, tailored to your family’s needs, and easy to understand.
- Ongoing Support: Life changes, and so do estate plans. Working with a dedicated attorney provides long-term support for updates and questions as your child’s circumstances evolve.
Why Is Estate Planning Important for Young Adults and College Students?
Many families don’t realize that their young adult children are no longer automatically within their care once they hit 18. Legally, at 18, your child becomes an adult, which means:
- You no longer have access to their medical or legal information unless they authorize it.
- Medical decisions require your child's explicit consent unless they have prepared a healthcare directive.
- Financial matters or emergencies can become complicated without proper legal documents in place.
This is especially pertinent if your child is attending college out of state or living independently. Without an estate plan, if they experience a medical emergency or an accident, medical providers may not be able to communicate with you or honor your child’s wishes. This can delay care and complicate decisions when it matters most.
Creating an estate plan for your young adult provides peace of mind, ensuring that you can support and advocate for them, regardless of where they are or what unforeseen circumstances arise. It also helps your child learn responsible planning and the importance of legal preparedness early in life.
Key Documents for Estate Planning for College Students and Young Adults
An estate plan for a young adult or college student should include the following three documents:
1. Advance Healthcare Directive
An Advance Healthcare Directive is a critical document that states your child's medical preferences and designates a trusted person—often a parent or guardian—to make healthcare decisions if they are unable to do so. By executing this document, your child can specify their wishes regarding treatments, life support, or other medical interventions.
Importantly, the directive includes a HIPAA Authorization, which allows healthcare providers to share medical information with designated agents, such as parents, ensuring you are fully informed and able to assist.
2. Durable Power of Attorney
A Durable Power of Attorney appoints an agent—usually a parent —to handle non-medical financial matters if your child becomes incapacitated. This document grants authority over bank accounts, bills, employment, and other financial assets, ensuring that someone trustworthy can manage critical financial decisions on their behalf when needed.
3. Simple Will
While most young adults may not have significant assets, a simple will is an essential part of estate planning. It allows your child to specify who should inherit their belongings and designate an executor to manage their estate if they pass away. Including provisions for digital assets, like social media accounts or online banking, ensures their digital legacy is handled appropriately.
Legacy Contacts - Another Crucial Part of Estate Planning For Young Adults
It’s increasingly common for young adults to store personal data and memories online. Adding a legacy contact—a designated person who can access email, social media, or cloud accounts after your child’s passing—preserves their digital legacy and provides peace of mind for both your child and the family.
Why Create an Estate Plan for Your Young Adult With My Help?
Partnering with a knowledgeable estate planning attorney is vital for setting up your child's legal documents correctly and ensuring they reflect your family’s needs. Here’s why working with me makes a difference:
Extensive Legal Knowledge
With extensive experience in estate planning and trust and estate law, I have reviewed hundreds of case files and crafted countless estate plans. I understand the unique legal considerations for people at this stage of life and can guide them through the process efficiently. My goal is to craft estate plans that are comprehensive yet straightforward, giving you peace of mind that your child’s wishes are protected.
Approachability and Compassion
Estate planning for young adults can seem daunting, but I believe it doesn’t have to be complicated or intimidating. My approach is to make the process as simple and approachable as possible. I take the time to listen to your child's concerns, clearly explain each step, and answer all of their questions in plain language—no confusing legal jargon. Building trust and understanding is my priority, so your child feels comfortable throughout the process and knows their estate plan truly reflects their wishes.
Ongoing Availability
Life is full of changes. New jobs, moving, relationships, or even unexpected health issues. These all require updating your child's estate plan down the line. That’s why Amichai Law is committed to being available for long-term support. Whether it’s a quick question, an update to their documents, or a review after a big life event, we offer flexible scheduling options, including virtual Zoom meetings on weekends, so clients can connect with me at their convenience. And best of all, there are no charges for initial consultations or follow-up questions. Your peace of mind is our top priority.
Youth Estate Planning Attorney FAQs
Why is estate planning important for young adults?
Once your child turns 18, they are legally considered an adult, meaning you no longer have automatic access to their medical or financial information. Estate planning ensures you can support them in emergencies, make medical decisions if needed, and manage their financial matters responsibly.
What happens if my child doesn’t have an Advance Healthcare Directive?
Without an Advance Healthcare Directive, medical providers may not be able to share information or follow your child’s wishes in an emergency. This can delay critical decisions and complicate care. A directive ensures their preferences are respected and you can act on their behalf.
Can estate planning include digital assets for young adults?
Yes, estate planning can address digital assets like social media accounts, email, and cloud storage. Adding a legacy contact ensures these accounts are managed or preserved according to your child’s wishes, providing peace of mind for the family.
Why Estate Planning Matters for Young Adults and College Students
In today’s world, estate planning for young adults and college students isn’t just for the wealthy or seniors. It's a critical step for all young individuals starting their independent lives.
At 18, your child gains legal rights and responsibilities that make preparation essential. Whether it’s ensuring medical decisions are respected through a healthcare directive, managing financial affairs with a durable power of attorney, or establishing a simple will, these documents provide clarity, protection, and peace of mind for your entire family.
Partnering with a professional estate planning attorney like myself ensures that all legal documents are crafted correctly, tailored to your family’s particular needs, and explained in a way that’s easy to understand. My approachable and friendly manner, combined with my commitment to ongoing support and flexible scheduling, makes the entire process smooth and stress-free.
If you want to discuss how to create an Estate plan for a young adult, call (619) 356-0517 or complete a secure online form to schedule a free case evaluation with an experienced youth estate planning lawyer at Amichai Law