An 18-year-old in California, now considered a legal adult, should consider several key components for their estate plan. Even though they may not have substantial assets, it's important to plan for their healthcare and financial decisions in case of an emergency. A parent can NO LONGER make decisions on behalf of their 18 year old child without these documents; related: the 18 year old MUST create the documents THEMSELVES. A parent cannot create them on behalf of their child.

Here are the essential elements:

1. Durable Power of Attorney: This document designates someone to manage the individual's financial affairs if they become incapacitated. This can include paying bills, managing bank accounts, and handling other financial matters.

2. Advance Healthcare Directive (AHCD): This document allows the individual to specify their healthcare preferences in case they are unable to make decisions for themselves. It also allows them to appoint a healthcare proxy or agent to make medical decisions on their behalf.

3. HIPAA Authorization: This form gives designated individuals access to the individual's medical records and information. It ensures that family members or trusted persons can communicate with healthcare providers.

4. Will: Even if the 18-year-old doesn't have significant assets, a will can specify how personal belongings should be distributed and name an executor to manage the estate.

5. FERPA: FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level.

In addition to these basic documents, it’s important to also think about: beneficiary designations on any financial accounts, life insurance policies, and retirement accounts; digital assets management including social media accounts, email accounts, with instructions for management in case of incapacity or death; and emergency information that includes critical information like emergency contacts, medical information, insurance details, and financial accounts.

If you are over 18 or your child is over 18, please consider an estate plan! Contact me for a complimentary consultation.