Many things change once a child turns 18, but one of the most consequential is the fact that parents automatically lose access to medical information and decision-making authority. This means critical information can be barred from parents, even during an emergency, if something happens when a child is away at college or living on their own.

Those limitations can cause confusion and heartache in times of crisis, which is why it’s critical to have safeguards in place in the event of trouble. Legal documents, emergency contacts, and digital access plans are a few of the pieces that may keep them safe and give you peace of mind in the most unpredictable of scenarios.

Why Does Turning 18 Change a Parent's Role in a Medical Emergency?

While most parents understand there are legal ramifications of their child turning 18, few realize how far those go. In most situations, healthcare providers can no longer freely share medical information with parents, and parents may not automatically have authority to make healthcare decisions on behalf of their adult child.

This is because, in the eyes of the law, an 18-year-old is legally an adult, regardless of whether they’re living under your roof and still on your insurance. This can come as a shock to some parents, especially if a young adult is seriously injured or is otherwise unable to communicate their wishes.

The good news is that planning can help families avoid confusion and unnecessary stress during an already difficult situation.

What Documents Should Every Young Adult Have Before Leaving Home?

A basic emergency preparation plan does not need to be complicated. Several key documents can help ensure healthcare decisions are made according to your child's wishes and that family members can provide support when necessary.

HIPAA Authorization

The Health Insurance Portability and Accountability Act (HIPAA) of 1996 changed how medical professionals were allowed to approach patient privacy. Since then, no professional is allowed to give out the medical information of one adult to another without prior authorization, regardless of familial status.

However, a HIPAA authorization allows healthcare providers to share medical information with designated individuals, such as parents or trusted family members. This signed document gives parents access to their child’s health they wouldn’t normally have.

Healthcare Power of Attorney

Having access to information is only one part of the puzzle. To make medical decisions when your child cannot, you’ll need healthcare power of attorney.

This document helps clarify who can speak on the patient's behalf, reduces uncertainty during a crisis, and ensures healthcare providers know who has authority to make decisions. Many healthcare powers of attorney also include HIPAA authorization language.

Testamento en vida

A living will allows your child to either approve or decline medical treatment if they are incapacitated, even if the choice has a fatal outcome. It can address various medical, comfort, and organ donation measures, and helps take some pressure off parents during difficult circumstances.

Última voluntad y testamento

Estate planning is not just for older adults. Even young adults have assets, belongings, and pets, and it’s important to ensure there is a plan in place for all of them if the unthinkable happens.

How Should Families Prepare for Digital Access During an Emergency?

Once the medical and legal aspects are taken care of, it’s important to turn your attention toward the digital areas of your young adult’s life. Phones, laptops, email accounts, and social media platforms can all hold valuable information that may help locate contacts, retrieve important records, or manage digital assets.

Families should discuss:

  • Password management;
  • Account recovery methods;
  • Emergency access procedures; and
  • Locations of important digital records.

This will necessitate a nuanced and open conversation between parents and their children, because privacy and freedom are sure to be the main concerns. However, stressing how these are only in place as a last resort, and how in their child’s best interest, can help make it easier for them to understand.

En este caso resulta necesaria una advertencia. Es un delito federal “acceder intencionadamente... sin autorización a una instalación a través de la cual se presta un servicio de comunicación electrónica” o “sobrepasar intencionadamente... una autorización de acceso a dicha instalación; y así obtener..., alterar..., o impedir... el acceso autorizado a una transferencia de dinero o comunicación electrónica mientras está almacenada electrónicamente en dicho sistema”. 18 U.S.C. § 2701(a).

It’s also important to understand the rules regarding account access. They change depending on the site, but some allow users to designate a legacy contact or account manager with authority.

Why Should Parents Keep Emergency Contact Information for Friends and Roommates?

Friends and roommates are often among the first people aware of an emergency involving a young adult who lives away from home. They’ll be able to relay information much faster than a college or university can, so it’s important to keep tabs on specific information:

  • Roommates’ names and numbers;
  • Close friends’ names and numbers;
  • Residence hall staff;
  • Study abroad coordinators; and
  • Emergency travel contacts.

Having Difficult Conversations About Medical Wishes

No family enjoys discussing medical emergencies, but knowing your child’s wishes ahead of time will alleviate pressure if important decisions need to be made.

Topics to consider:

  • Organ donation preferences;
  • End-of-life care wishes;
  • Religious considerations;
  • Healthcare treatment preferences; and
  • Who should make decisions during an emergency.

No dejes las decisiones importantes a la suerte

Many families would rather not even consider their child facing a serious medical emergency, but it’s important to accept that, once they’re adults, there’s little a parent can control. Fortunately, parents can control how they react to these situations by utilizing a proactive approach that ensures the right people have access to critical information and can support their child according to their wishes.

Preguntas frecuentes

Do parents automatically have access to medical information after a child turns 18?

Generally, no. Once a child reaches age 18, healthcare privacy laws limit what providers can share unless appropriate authorizations are in place. A HIPAA authorization creates a path around those laws for preferred individuals.

Is a HIPAA authorization the same as a healthcare power of attorney?

No. A HIPAA authorization allows healthcare providers to share information. A healthcare power of attorney authorizes someone to make healthcare decisions if the individual becomes unable to make those decisions independently.

Should college students have estate planning documents?

Every situation is different, but many legal professionals recommend that adults of all ages maintain basic healthcare and estate-planning documents.

What happens if a young adult becomes incapacitated without planning documents?

Without proper documentation, family members may struggle to gain information and make decisions on behalf of the individual. Even worse, decisions can be made against the individual’s wishes.

Can parents legally access a child's digital accounts during an emergency?

Access rights depend on a combination of federal law, state law, service-provider policies, and permissions granted by the account owner.

Does every young adult need all these documents?

While nearly every young adult can benefit from discussing healthcare wishes, identifying emergency contacts, and reviewing basic legal documents, individual circumstances will dictate which ones to prioritize.