Sending your child to college is an exciting milestone that comes with new responsibilities and emotions.
You have likely spent months helping them choose a school, buy supplies, and prepare for life on their own. While these practical steps matter, there is one topic many parents overlook: legal planning.
When your child turns 18, you lose the automatic right to make decisions on their behalf. Even though you may still be paying their tuition and covering their expenses, you no longer have legal authority over their health care choices.
If your child becomes sick or injured, you could be left without any way to help. Without advance directives in place, you may have no straightforward legal path to assist your child when they need you the most.
Adulthood Starts at 18
In Oklahoma, the law is clear: once your child reaches 18, they are legally an adult. This means your parental rights change overnight.
You can no longer access medical records, speak with doctors, or make treatment decisions unless your child has signed specific documents allowing you to do so.
Many parents discover this the hard way. Imagine your child is studying out of state and ends up in the hospital after an accident. You call the emergency room, hoping for information, only to hear that the staff cannot share any details due to privacy laws.
Advance directives prevent this scenario by giving you the legal tools to support your child when they need you most.
Medical Power of Attorney
A durable medical power of attorney is one of the most important documents for any young adult. This legal form allows your child to name you, or another trusted adult, as their health care agent. If they become incapacitated, you can make medical decisions on their behalf.
HIPAA Authorization
You have likely heard about HIPAA, the federal law that protects personal health information. While this law is important, it can create problems for families. Without a HIPAA authorization, health care providers cannot share medical records or updates with you.
A HIPAA release allows your child to specify who can receive information about their condition, treatment, and progress. This document can be as broad or as narrow as your child prefers. For example, they might authorize you to access all records or limit your access to emergencies only.
Having a HIPAA release in place means you will not be left in the dark if something goes wrong.
Living Will
Your child can use a living will to share their wishes about life-sustaining treatment. While many people assume these documents are only for older adults, young people also face medical situations where these decisions matter.
In an advance directive, your child can state whether they want doctors to use machines to keep them alive if recovery is unlikely. They can also express preferences about organ donation and pain management.
By completing an advance directive, your child removes the uncertainty you might otherwise face during a crisis, leaving you with clear instructions to guide your decisions if the unthinkable happens.
Incapacity Planning Beyond College
Advance directives are especially important for young adults, but incapacity planning matters at every age. If you are an older adult or planning for retirement, you should also consider additional legal tools.
A durable financial power of attorney allows someone you trust to manage your banking, pay bills, and handle property if you cannot. This document can be critical if you face a medical crisis or cognitive decline.
Oklahomans who use revocable living trusts to transfer assets can also prepare for the possibility of incapacity. When you place your assets in a trust, you can appoint a successor trustee who will take over management if you become unable to do so yourself.
This approach keeps your affairs private and can help avoid the need for a court-appointed guardian of the estate.
Take Action Today!
Our doors are open if you would like to work with an Oklahoma City estate planning lawyer to create a plan or adjust your existing plan. You can send us a message to request a consultation appointment, and we can be reached by phone at 405-843-6100.
We also have an office in Tulsa, and if you’re in that area, the number is 918-615-2700.
Since founding Parman & Easterday in 1985, Larry has led over 1,000 free, community-service education programs and helped more than 10,000 Oklahoma families go from putting off their estate plan to getting it done. His goal for every client is the same: to become the person their family calls "the one who took care of everything."
Larry is the author of three books: The Straight Shooter's Guide to Estate Planning; Estate Planning Basics; and Guiding Those Left Behind in Oklahoma. He served as Oklahoma's Secretary of State and Secretary of Commerce, and his firm is the only member of the American Academy of Estate Planning Attorneys in the state.
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