Why Every 18-Year-Old Needs an Estate Plan

Turning 18 is a monumental milestone, a rite of passage filled with new freedoms and responsibilities. In Washington, 18 is the legal age of majority, meaning that at this age a person is considered an adult for nearly all legal purposes. Other states may define the age of majority differently, but in Washington the shift is immediate and significant: the moment the clock strikes midnight, your child is no longer a child in the eyes of the law. They are an adult with full autonomy over their legal, medical, and financial decisions.

While this is a proud moment for parents, it often comes with a startling realization. Many parents assume that because their child is still in high school, heading off to college, or living under their roof, they maintain the same legal "control" they had during the child's minority. This is a common misconception. Without the proper legal documents in place, a parent cannot access their adult child’s medical records, speak to doctors during an emergency, or manage their financial affairs, regardless of who is paying the tuition or the health insurance premiums.

The Power of Proactive Planning

Turning 18 is a major transition for every young adult, but proactive planning becomes especially important for those with physical disabilities who have full mental capacity. These young adults are fully capable of making their own decisions, yet may continue to rely on their parents for logistical support or assistance navigating complex medical, educational, or financial systems. Without a plan, parents may find themselves locked out of the very processes they’ve been managing for nearly two decades, simply because their child is now legally an adult.

The good news is that preparing for this transition is far less complicated than it may seem. At a minimum, every new adult should have two essential documents:

• Financial Durable Power of Attorney: This allows the young adult to designate a trusted person, often a parent, to handle financial matters or sign legal documents on their behalf if they are unable to do so.
• Healthcare Power of Attorney (and HIPAA Authorization): This ensures that if a medical emergency occurs, doctors can speak to a designated person, again often a parent, and that person can make healthcare decisions for the young adult if the young adult is unable to do so.

Avoiding the Guardianship/Conservatorship Trap

When people talk about the “legal rights” of 18 yearolds, the conversation often jumps straight to guardianship or conservatorship. These courtsupervised arrangements are designed for individuals who lack the capacity to manage their own financial and/or medical affairs. They can be essential in the right circumstances, but for a young adult with full decisionmaking capacity, guardianship or conservatorship is not only unnecessary, it can be overly restrictive, expensive, and burdensome.

For most young adults, including those with physical disabilities who may still rely on parents for certain types of support, there is a far better option than a guardianship or conservatorship. By putting a Durable Financial and Medical Power of Attorney in place, the young adult keeps full control over their rights and independence while choosing who can step in to help if needed. This approach avoids the loss of autonomy that comes with court-supervised arrangements and provides a flexible, costeffective safety net. 

At Brothers Henderson Durkin in Seattle, our estate planning attorneys understand the power of proactive planning. Contact us today to learn more about Powers of Attorney, and all of our estate planning services.