Trust Talk Tuesday: “Congrats! Your Kid Turned 18—Now You’re Legally Powerless”
When Your Baby Becomes a Legal Adult (But Still Doesn’t Know Where Their Birth Certificate Is)
You got the cap and gown. 🎓
You packed the twin XL sheets and emotional trauma.
You shipped them off to college with snacks, life advice, and a “just call me if you need anything” goodbye.
You think you’re still in charge.
💥 Newsflash: You’re not.
The minute your child turns 18, the State of Michigan officially considers them a legal adult.
Meaning?
You're now just someone who pays their tuition… with zero rights to their medical records, financial accounts, or educational info.
Yep. They can barely operate a washing machine, but legally? They’re a fully independent adult.
⚖️ What Changes at 18 (Besides Their Attitude):
You can’t call their college and get their grades.
You can’t speak to their doctor—even in an emergency.
You can’t access their bank account or make financial decisions if they’re unconscious.
You can’t give consent for surgery or treatment if they’re incapacitated.
Let me repeat that: Even if they’re lying in a hospital bed, unconscious, 400 miles from home—you legally can’t do anything. Not even get an update. Because you’re not authorized.
🧾 What Your 18-Year-Old Actually Needs:
1. Durable Power of Attorney
This gives you (the parent footing the bill) the ability to handle financial matters on their behalf if they’re unable or unavailable. Think: tuition mess-ups, lost debit cards, missed rent, financial aid chaos—basically, college.
2. Medical Power of Attorney / Patient Advocate Designation
This gives you the right to make medical decisions for your adult child if they can’t.
No, you can’t just “decide” because you’re the parent. That’s not how HIPAA works. (And yes, that’s a real law. Not a typo. Not a formality.)
3. HIPAA Authorization
This simple form allows healthcare providers to share medical information with you. Without it, even saying “Yes, your son is here” might be off-limits.
🧠 Real Life, Real Problems:
Your daughter gets alcohol poisoning at a party. You get a call—but no info.
Your son ends up in the ER after a skiing accident. You hear about it thirdhand—because the hospital can’t confirm anything.
Your child experiences a mental health crisis on campus. Counseling services can’t talk to you. You’re completely in the dark.
It’s terrifying. It’s frustrating. And it’s completely avoidable—with the right documents.
🧃 “But They’re Healthy and Responsible!”
Suuuure.
Until they’re not.
All it takes is one car ride, one balcony jump, or one “I’ll be fine, I just need a nap” moment for your healthy, responsible adult to become legally unreachable.
Estate planning for your 18-year-old isn’t about money.
It’s about access, protection, and peace of mind—for everyone involved.
🚨 Real Talk From the Legal Trenches:
We’ve worked with families panicking during emergencies because they never thought to get these documents signed.
And once that crisis hits?
It’s too late.
Trying to get emergency guardianship in court while your child is on a ventilator isn’t just heartbreaking—it’s a bureaucratic nightmare.
One that could’ve been avoided with 15 minutes and a couple of signatures.
🛑 Bottom Line:
Your kid doesn’t need a million-dollar trust fund to need an estate plan.
They just need to be 18.
That’s it.
So before they head off to campus with your credit card and your old Netflix login…
Make sure they’ve also got a real plan in place—for the stuff that actually matters.
Newburg Law – Because Adulthood Comes with Paperwork.
🛡️ Your Family. Your Foundation. Your Future.