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.
I knew I needed to update my Estate Planning documents created 15 years ago, yet I kept putting it off. Peter, in his no pressure way nudged me to finally check it off my list. The admin staff of Klenk law were very respectful and responsive in working with me to set up dates and times that work for me to talk with Peter over the phone regarding what I wanted to update. Peter answered my questions and explained some things to me. This helped me on some of my estate decision. After our phone talk, I received a draft of the updated documents, and was allowed ample time to review them prior to a final review with Peter over the phone. This pre-signing reviews made the in-person signing time very short. I would highly recommend Klenk Law, because Peter and his staff were professional but friendly, and thorough in the estate planning work they did for me. Thank you, Peter!
My experience with Klenk Law was nothing shy of amazing. I had done some quick research when searching for an estate attorney and was immediately drawn to Klenk Law being a veteran owned business and due to their support for veterans, first responders, and teachers . Every member of their staff was knowledgeable and patient through every step of the process and with all of my questions. They were honest and transparent with pricing and expectations. They were very timely with communications and kept me in the loop throughout the process. I will definitely recommend Klenk Law to friends and family.
A very friendly knowledgeable experience. I would recommend and use them again.
Both Melissa and I thank Jackie and Daniella, and your firm for excellence in the handling of Mary's estate!!!
We look forward to working with you in the future on other family estate matters.
We were extremely pleased with the work done by Peter Klenk and members of the staff at Klenk Law. They were very thorough and did the work in a timely fashion. Peter's explanations of the legal system were very clear and helpful. I highly recommend this firm and Peter.
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