What if my child is 18 or older?

For parents/guardians of young adults – assuming your young adult will agree to continued support, what legal documents would you recommend to a parent/guardian of a young adult so that they can continue support and have access to their young adult’s medical and financial information?

This is an important question that many parents face. In North Carolina, once a child turns 18, parents no longer have legal rights to access their medical, financial, or educational information, even if they’re still financially supporting them or the child lives at home.

Here are the essential legal documents recommended:

Get Medical Documents

HIPAA Authorization Form

• Allows healthcare providers to share medical information with parents
• Can be limited to specific providers or information
• Can be revoked by the adult child at any time

Medical Power of Attorney (Healthcare Proxy)

• More comprehensive than HIPAA authorization
• Allows parent to make medical decisions if child becomes incapacitated
• Can include specific instructions about treatment preferences
• Particularly important for college students away from home

Set Up Financial Documents

Durable Power of Attorney

• Allows parent to handle financial matters
• Can help with banking, taxes, insurance
• Can be limited to specific transactions
• Can be “springing” (only takes effect under specific circumstances)

FERPA Release (if attending college)

• Allows access to educational records
• Includes grades, transcripts, financial aid information
• Required for discussing tuition bills with school

Specific Considerations for Mental Health

Mental Health Advance Directive

• Specifically addresses mental health treatment preferences
• Names an agent to make mental health care decisions
• Can specify preferred medications, treatments, facilities
• Can include crisis planning instructions

Authorization to Release Mental Health Information

• More specific than general HIPAA release
• Addresses confidential mental health records
• Can specify which information can be shared
• Important for ongoing mental health care

Important Notes for Helping Adult Children

All documents must be:

• Signed willingly by the adult child
• Notarized where required
• Kept current and reviewed periodically
• Stored safely but accessibly
• Shared with relevant providers/institutions

Consider having copies:

• In digital format
• With key medical providers
• With school health services
• In emergency contacts file
• With family attorney

These documents can be:

• Limited in scope
• Time-restricted
• Modified as needed
• Revoked by the adult child

Additional Recommendations:

• Have family discussion about privacy expectations
• Create emergency contact plan
• Document important medical history
• Keep list of current medications
• Maintain list of healthcare providers

Steps to Obtain Legal Documents

Consult with a North Carolina attorney specializing in:

• Healthcare law
• Estate planning
• Family law

Work with healthcare providers to:

• Understand their specific requirements
• Obtain their preferred forms
• Ensure documents are properly filed

Review with educational institutions:

• Their specific release requirements
• Process for filing documents
• Annual renewal needs

Consider creating a “transition binder” containing:

• All legal documents
• Important medical history
• Insurance information
• Emergency contacts
• Provider list
• Medication list

Legal Organizations Resource List

To help you find a lawyer in the Charlotte area that specializes in family law, here are a few organizations that can help:

1. Mecklenburg County Bar Association’s Lawyer
   • Referral Service Phone: (704) 375-8624
   • They can connect you with attorneys based on specific criteria including practice area and demographic preferences.
2. North Carolina Association of Black Lawyers (NCABL)
   • Website: https://nc-abl.org
   • They maintain a directory of African American attorneys in North Carolina.
3. North Carolina Asian American Lawyers Association
   • They can help connect you with Asian American attorneys in the area.
4. John S. Leary Association of Black Attorneys
   • This is a Charlotte-based organization of African American attorneys.
5. Latin American Chamber of Commerce of Charlotte
   • They often can provide referrals to Hispanic/Latino attorneys.

When contacting these organizations, be specific about:

• Your need for family law expertise
• Focus on estate planning and medical/financial powers of attorney
• Preference for an attorney of a specific demographic
• Location in Charlotte area