Despite scientific research suggesting otherwise, an 18-year-old college student is generally considered an adult under New York law. Parents’ rights to make decisions for their child change suddenly when he/she turns age 18. Parents no longer have complete access to their child’s financial, education and health records, even if they’re still paying the bills. Since it may be important for parents to make vital financial and/or health decisions for their child, it’s important to establish the parents’ legal ability to do so ahead of time. Therefore, a child heading off to college should have a health care proxy and a power of attorney in place once he/she turns age 18. In certain circumstances, the preparation of a Will should also be considered.
Originally published in Lloyd Harbor Life - June 2019.
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