Your child has grown up, finally reaching age 18. For your child’s entire life you were the one making doctors appointments and paying the bills. But, upon reaching age 18, this all changes. Well, at least, legally. Legally, you now have no authority. Certainly, you still might be the one reminding them to save money or to get a check up, but legally force them to.
Though it might be the last thing on their mind, doing some basic Estate Planning when your child reaches age 18 is important. Although its painful to think about, accidents can happen. If your child is injured, someone needs the authority to make medical decisions and to work with insurance companies. Though their language may vary from person-to-person and your child’s circumstances, the documents described below are the most common and address the majority of cases.
Guardianship: If your child falls ill and becomes incapacitated someone must step in to make financial and medical decisions. Petitioning the court for a Guardian becomes necessary if your child has not executed a Power of Attorney giving an Agent authority to act financially, or a Health Care Power of Attorney giving an Agent authority to make medical decisions.
Intestacy, Having No will at Death: If your child has no Will, then assets pass under the State’s plan. The Intestacy Rules do not take your child’s wishes into consideration. A Will allows your child to craft a plan that reflects his or her real desires and pick an executor.
No matter how much or little your children own, a Will allows them to voice their wishes. Who gets their assets? Who serves as Executor? And, who makes burial and funeral decisions? Documenting these decisions becomes especially important if the child’s parents are no longer married. Without a Will, each parent has an equal right to control the estate, which can lead to avoidable conflict. Further, the Will can address the child’s wishes when there is a significant other who the family might otherwise exclude.
If your child becomes incapacitated, a Durable General Power of Attorney appoints the person or persons that manages their assets. Without this document, the family is forced to file for Guardianship. The court is free to select the Guardian, who might not be a family member.
In a Medical Proxy (also know as a Medical Power of Attorney) and a Living Will your child chooses the person who will make medical decisions. If your child is ever unable to make decisions, the surrogate steps in. This person selects doctors and authorizes or refuses treatment. Your child should pick someone who will carry out the child’s wishes, not impose the surrogates own beliefs.
If you have any questions about estate planning for your recently legal adult child or any other estate planning topics, feel free to contact us to schedule a free consultation. For more than two decades Klenk Law has focused only on Estate Law. We’ve seen it all, and this experience allows us to explain complex estate planning techniques clearly and concisely. We make it easy for you to understand estate planning so you can make the best decisions for yourself and your family.
Peter provided outstanding advice and preparation of a will and trusts.
Peter was excellent. He explained everything very clearly and is super friendly. My wife and I originally tried using a lawyer through group legal coverage, but unfortunately the old adage - "you get what you pay for" - applied to the other lawyer, and we decided to go with a real professional.
When it came down to picking the right attorney to handle my affairs, I knew right away it was this firm. From speaking to their secretary to speaking to Peter I knew I was making the right decision. After only a few mins Peter knew right away what I was looking for and handled all my questions professionally and even gave me great feedback that put my mind at ease. All that without even giving a single penny! So of course I hired him! So far so good...
AWESOME LAWYER! Peter Klenk is an exceptional attorney and a very nice person! Today I spoke with Peter about estate planning and was impressed with by his professionalism, cordiality, and attention to detail. I highly recommend Klenk Law for probates, wills, trusts, and other issues germane to estate planning!
Great friendly staff
Tremendous firm with bright, kind and tenacious people. Great representation for our family.
I'm totally satisfied with Klenk Law. Peter has a great legal mind with the personality of the guy next door.
Everything about my experience was a 10+! Peter and his staff made what I thought would be a difficult process easy and understandable. Every detail was handled correctly. No other firm could possibly do better than Klenk Law!
Peter and his staff are very responsive and always willing to help my clients and in a cost efficient manner.
Like another reviewer, I contacted Peter through his website using the free consultation link, for a question regarding PA inheritance taxes. The question was quite technical and difficult to explain, and the answer was nowhere to be found on the web. Peter grasped precisely what I was asking, and provided a clear, helpful response (with a touch of humor) the very next day.
Answered my question quickly and referred me to a colleague that could handle my problem
Mr. Klenk, quickly understood the circumstances presented and provided clear and concise advice. This advice provided me with the information I required to progress the case to my advantage.
Peter is excellent. I had a very complicated situation with my parents' estate planning and potential Medicaid needs. Peter was very knowledgeable in estate planning matters, able to define the best solution for the situation. Additionally, he was congenial and able to communicate effectively to my senior citizen parents the benefits of estate planning. He earned my trust, and more importantly, my parents' trust in a 45 mins consultation period. Highly recommend Peter. He is very easy to work with.
Peter recently gave a presentation about Wills & Trusts at my employer, and it was fantastic! He was extremely knowledgeable and provided valuable information to the group. People were very engaged and asked several questions, all of which Peter thoroughly answered. Personally, my husband and I have selected Peter to help us with our estate planning, and he has been very helpful in providing us with all of the information we need to provide a secure future for our family. Thank you, Peter!
Peter provided outstanding advice and preparation of a will and trusts.
Peter explained things in a way that was easy to understand. Everything was done in the time frame he said it. Could not have been better!
You & your staff are the best thank you for everything.
Peter and his staff handled all of our needs in a very professional and timely matter.
Peter Klenk made a complex subject understandable and allowed us to move forward with our estate planning. He was patient with our questions and creative in the solutions he proposed.
Peter explained a complex subject very clearly, helped us to decide the best approach to managing our estate and then made it very easy for us to execute the required documents. He will be a valuable resource for years to come and clearly has a great understanding of estate law that will lead to innovative solutions for us. I would unhesitatingly recommend him for estate planning.
Fantastic customer service. Very personable and most importantly they provide great explanations of what is required based on your individual needs. Highly recommend Klenk Law for anyone that needs to create a will and estate documents.
Always professional and very responsive. Everyone on the staff that I have worked with. I look forward to continuing our relationship.
Affable...yet surprisingly cerebral estate planning atty. High marks all the way around.
Peter and his associates made things easy for us.