Navigating the Legal Waters When Your Adult Child Needs You Most

By: Marc Summers

There’s arguably nothing more heart-wrenching than receiving the call that your child has been in an accident, especially when they’re living away from home, either for work or college. The situation can become even more stressful when you discover that hospitals and medical professionals refuse to discuss your over-18 child’s condition due to privacy laws. What can you do to avoid this horrible and hopeless feeling situation?

Most parents don’t consider “estate or incapacity planning” necessary for their children aged 18 to 30. After all, despite their legal adulthood, it’s hard to think of your college kid who still hasn’t mastered the art of laundry as a full-fledged adult. However, the stark reality is that once your child turns 18, you, as a parent, do not have automatic rights to make medical or financial decisions for them. So if they have an accident and become incapacitated, what can be done for them? This is why having both a financial and medical Power of Attorney is crucial. These documents enable your adult child to appoint you—or another trusted adult—to act on their behalf, should they become incapacitated.

As the holiday season approaches and your adult children prepare to invade your home, consume your food, and disrupt your daily rhythm (all of which you secretly enjoy), it’s the perfect opportunity to discuss setting up an incapacity plan. It’s not just a matter of legal formality; it’s about preparing for the unexpected with the right documents to ensure that if something happens, you’re ready and able to step in without legal barriers.

At McDonough Law Group, we understand that while we can’t stock your fridge or restore the quiet you’ll miss during the holidays, we can certainly help provide peace of mind with the necessary Powers of Attorney. Contact us today, and let’s ensure that this holiday season, you’re prepared for more than just the family dinners.