Parents ask me this every August as they pack kids off to college: "My daughter just turned 18 — is there anything legal we should do?" The answer catches most families off guard. The day your child turns 18, you lose the automatic legal right to their medical and financial information. If they're in an accident, the hospital may not even talk to you.
"Estate planning" sounds like something for retirees, but for an 18-year-old it isn't about wealth — it's about who can help in an emergency. Here's what every young adult and college student in New York should have.
Why Turning 18 Changes Everything
At 18, your child is a legal adult. Overnight, three things become true:
- You no longer have the automatic right to make their medical decisions.
- Under federal privacy law (HIPAA), doctors generally can't share their medical information with you.
- You have no automatic authority over their finances — bank accounts, bills, financial aid.
None of that is a problem until there's an emergency — a car accident, a sudden illness, a mental health crisis far from home. Then it's a very big problem. The good news: three simple documents fix it.
The Three Documents Every Young Adult Needs
1. Health Care Proxy
A healthcare proxy lets your young adult name a parent or other trusted person to make medical decisions if they can't. It's short, inexpensive, and the single most important document at 18. Our New York healthcare proxy guide walks through it.
2. HIPAA Authorization
A HIPAA authorization is what actually lets doctors and hospitals talk to you and share records. Without it, even a parent named as healthcare agent can hit privacy walls getting basic information. Pair it with the proxy.
3. Durable Power of Attorney
A durable power of attorney lets a parent or trusted person handle finances — pay tuition, manage a bank account, deal with insurance — if the young adult is incapacitated or simply studying abroad. See our power of attorney explainer.
The 18th-birthday checklist: Health care proxy + HIPAA authorization + durable power of attorney. These three documents cost very little, take an afternoon, and can spare a family a court guardianship proceeding during the worst week of their lives.
Bonus for College Students: The FERPA Release
If your young adult is heading to college, add a FERPA release. FERPA is the federal law protecting educational records — once a student is 18 or in college, the school generally can't share grades, disciplinary records, or even confirm enrollment with parents without the student's written consent. Most schools have their own FERPA form; sign it during orientation.
Do Young Adults Need a Will?
Usually it's not the urgent piece — a college student rarely has significant assets. But a simple will becomes worthwhile as they accumulate savings, a car, or valuables, and it lets them name who receives their things and who serves as executor. If a young adult dies without a will in New York, the intestacy statute sends everything to their parents by default, which may or may not match their wishes. For the basics, see how to create a will in New York.
Don't Overlook Digital Assets
Today's young adults live online — social media, crypto, gaming accounts, cloud photos, and more. New York's Revised Fiduciary Access to Digital Assets Act lets you grant a trusted person authority over these accounts, but only if you plan for it. Our guide on digital assets in estate planning explains how.
First Job, First 401(k): Beneficiary Designations
The moment a young adult opens a first retirement account or gets an employer life insurance policy, they choose a beneficiary. Those designations pass the money directly, outside any will. Encourage them to fill the forms out thoughtfully and revisit them after big life changes. Our beneficiary designation guide has the details.
Common Mistakes Families Make
Waiting Until There's a Crisis
By the time a young adult is in the ICU, it's too late to sign a healthcare proxy. Handle it while everyone is healthy.
Getting the Proxy but Skipping HIPAA
They work together. A proxy names who decides; HIPAA lets them get the information to decide well.
Assuming "My Kid Has Nothing, So Nothing to Do"
This isn't about assets. It's about authority in an emergency — and every 18-year-old has that gap.
When to Call an Estate Planning Attorney
Setting a young adult up with a healthcare proxy, HIPAA authorization, and power of attorney is quick, affordable, and one of the most practical legal steps a family can take. It's especially worth doing before a child leaves for college or moves out of state.
At Morgan Legal Group, we prepare these documents for young adults and families throughout New York City and the surrounding counties as part of our estate planning practice. If you're planning for other family members too, see our guides to estate planning for parents and wills and trusts.
For background on the healthcare proxy, the New York State Department of Health healthcare proxy resource is a helpful reference.
Frequently Asked Questions
Does my 18-year-old really need legal documents?
Yes. At 18 they're a legal adult, and you lose the automatic right to make medical decisions or access medical and financial information without a proxy, HIPAA authorization, and power of attorney.
What should a college student have?
A healthcare proxy, HIPAA authorization, and durable power of attorney, plus a FERPA release for school records.
Can I see my adult child's medical records without documents?
Generally no. HIPAA blocks access unless your child signs a HIPAA authorization or healthcare proxy naming you.
Does a young adult need a will?
It's less urgent than the incapacity documents but becomes important as they acquire savings, a car, or digital assets.
What about digital accounts?
New York law lets a young adult grant a trusted person authority over digital assets, but only with planning in place.
