As parents, we spend years making medical and financial decisions for our children without a second thought. We sign permission slips, speak with doctors, manage insurance, and handle paperwork as needed.
But did you know that when your child turns 18, their legal status changes? Even if your child still lives at home. Even if you still pay their bills. Even if they still call you for advice—legally, they are now an adult.
That means your authority to make decisions for them and access certain private information does not automatically continue just because you are their parent. Your young adult may need to sign specific documents if they want you to help with healthcare decisions, financial matters, or access to certain records.
This does not mean that doctors, hospitals, or other institutions can never communicate with parents. There are exceptions and circumstances in which information may be shared. But without appropriate planning and permissions, parents may discover that they do not have the access or decision-making authority they assumed would continue after their child became an adult.
Why This Becomes a Problem
Imagine your 18-year-old is away at college, traveling, or living in another city and experiences a medical emergency. You rush to help, expecting to speak with doctors and understand what is happening. But your child is legally an adult, and healthcare providers must respect their privacy rights and consider who has authority to make healthcare decisions.
This is where HIPAA—the federal Health Insurance Portability and Accountability Act—comes into the picture. HIPAA protects the medical information of adults, including young adults who have just turned 18. A parent does not automatically have unrestricted access to an adult child's medical records or the legal authority to make healthcare decisions for them.
However, HIPAA does not prohibit all communication with family members. A provider may share information relevant to a family member's involvement in the patient's care when the patient agrees or does not object. If the patient is incapacitated or unavailable, a provider may also share relevant information when, using professional judgment, the provider determines that doing so is in the patient's best interest.
The important distinction is that these limited permissions do not give parents automatic decision-making authority or guaranteed access to all medical information. Planning ahead allows your young adult to identify the people they trust and document the authority they want those people to have.
The Florida College Transition
Whether your young adult is moving away for school or staying close to home in Central Florida, the transition happens quickly. If an emergency occurs, having the appropriate documents in place can help your child identify who may receive medical information and who may make healthcare decisions if your child cannot communicate.
Without a Designation of Healthcare Surrogate, Florida law provides a statutory process for identifying someone who may make healthcare decisions for an incapacitated patient. Under Fla. Stat. § 765.401, the priority generally begins with a qualifying court-appointed guardian or guardian advocate, followed by the patient's spouse, adult child or children, parent, and other qualifying individuals. For many unmarried young adults who do not have children or an appointed guardian, a parent may be the first available person in that statutory order. However, the order depends on the individual's circumstances and the availability and willingness of those with higher priority. Naming a healthcare surrogate in advance lets your young adult choose the person they trust rather than relying on the statutory fallback process.
There is also an education-record issue many families overlook. Under the federal Family Educational Rights and Privacy Act (FERPA), education-record rights generally transfer to the student when the student turns 18 or attends a postsecondary institution at any age. A college may still disclose certain information to parents under specific exceptions, including when the student is a dependent for federal income tax purposes. Colleges may also offer a process for students to authorize parent access.
The Three Documents That Matter Most
In Florida, three important legal documents can help your young adult plan for medical and financial situations in which they may need assistance. Each document serves a different purpose:
- A HIPAA Authorization: Allows your child to identify who may receive specified medical information. Your child can decide what information may be shared and with whom, while maintaining control over their private health information. A HIPAA Authorization addresses access to information; it does not, by itself, authorize someone to make medical decisions.
- A Designation of Healthcare Surrogate: Florida uses this term rather than "Medical Power of Attorney." Under Chapter 765 of the Florida Statutes, an adult can appoint someone they trust to make healthcare decisions on their behalf under the circumstances and authority described in the document and applicable law. An alternate surrogate may also be named. Read more about protecting your family on our Frequently Asked Questions page.
- A Durable Financial Power of Attorney: Allows a trusted person, called an agent, to handle financial and legal matters within the authority granted by the document. This may include paying bills, managing bank accounts, handling certain transactions, or addressing other financial responsibilities. Under current Florida law, a newly executed Power of Attorney generally becomes effective when signed. It cannot ordinarily be written to take effect only if the young adult later becomes incapacitated. There are limited statutory exceptions, including certain military powers of attorney. Your young adult should understand the authority being granted before signing.
Florida law has specific signing requirements for these documents. A Designation of Healthcare Surrogate must be signed in the presence of two adult witnesses. The person named as the healthcare surrogate cannot serve as a witness, and at least one witness must be someone who is neither the young adult's spouse nor a blood relative. A Florida Power of Attorney generally must be signed in the presence of two subscribing witnesses and acknowledged before a notary public.
These documents do not remove your child's independence. They allow your young adult to make informed choices about who may help and what authority that person should have.
A Few Steps to Take Before Your Child Turns 18
Preparing for this transition does not have to be complicated. Consider discussing these steps with your young adult:
- Talk about who they would trust to help with healthcare decisions if they could not communicate.
- Discuss whether a HIPAA Authorization and Designation of Healthcare Surrogate are appropriate.
- Consider whether a Durable Financial Power of Attorney would be useful for financial and legal matters.
- If your child is attending college, ask the school about its FERPA consent or parent-access procedures.
- Make sure your young adult knows where their signed documents are kept and how to share them with the appropriate people or providers.
These are decisions for your young adult to make. Parents can help explain the options and coordinate the process, but the adult child should understand and voluntarily sign their own documents.
A Quiet Transition Many Families Miss
The shift from minor to adult happens quickly, but most families are never taught what that change actually means. High school graduation, college move-ins, travel, and new independence arrive fast. Legal preparation often lags behind.
For families of young adults with developmental disabilities or other support needs, the transition may require additional consideration. Turning 18 does not automatically mean that a young adult needs a full guardianship. Depending on the individual's decision-making abilities and circumstances, less restrictive options may be appropriate. Florida law also provides a guardian advocacy process under Section 393.12 for certain adults with developmental disabilities. The court considers the individual's abilities and whether existing documents, such as a healthcare surrogate designation or Durable Power of Attorney, sufficiently address their needs.
Taking time to put a basic estate planning framework in place is not about expecting emergencies. It is about making sure that if something unexpected happens, your young adult's wishes are clear and the people they trust have the appropriate authority to help.
Florida Laws and Additional Resources
- Florida Statutes § 765.202 — Designation of a healthcare surrogate and execution requirements.
- Florida Statutes § 765.401 — Florida's statutory healthcare proxy process.
- Florida Statutes § 709.2105 — Execution requirements for a Florida Power of Attorney.
- Florida Statutes § 709.2108 — When a Power of Attorney becomes effective.
- Florida Statutes § 393.12 — Guardian advocacy for certain persons with developmental disabilities.
- U.S. Department of Health and Human Services — When HIPAA permits sharing information with family members.
- U.S. Department of Education — FERPA rights and eligible students.
This article is for general educational and informational purposes only. It is not legal advice and does not create an attorney-client relationship. The appropriate documents and legal arrangements depend on the young adult's circumstances, wishes, and decision-making abilities. Consult a qualified Florida attorney about your situation. Please do not send confidential or sensitive information until an attorney-client relationship has been formally established through a signed engagement agreement.
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