You're 18. You Need These Documents.

By Sean Joyner, Reston lawyer and guest writer

Once you turn 18, your parents lose the automatic legal authority to make decisions for you, even in an emergency. If a sudden medical crisis or accident leaves you unconscious or unable to communicate, you may be considered legally incapacitated. In that situation, your family cannot automatically step in on your behalf.

Without the proper legal documents in place, your family’s hands could be tied, even if they are standing beside you in the emergency room. To help ensure your loved ones can assist you if needed, consider putting these two documents in place:

A financial power of attorney (POA) allows you to name a trusted person to handle financial matters if you become unable to do so yourself. This could include accessing your bank account to pay rent or resolving an insurance issue while you recover.

An immediate POA takes effect right away, while a “springing” POA only takes effect if a doctor certifies incapacity. For many young adults, naming a parent as an agent under an immediate POA can simplify matters by avoiding delays during a medical emergency.

Whoever you choose should be someone mature, trustworthy and capable of acting in your

best interests under pressure.

In Virginia, a medical power of attorney and living will are often combined into a single legal document called an Advance Medical Directive. This document serves two purposes: It appoints a health care agent to make medical decisions on your behalf if you become incapacitated, and it outlines your wishes regarding life-prolonging procedures in the event of a terminal or vegetative condition.

Putting these wishes in writing can help spare family members from having to guess about your preferences during a crisis. As with a financial POA, choosing a health care agent requires careful thought. The role calls for someone who can advocate for your wishes and make difficult decisions under stressful circumstances. For many young adults, a parent or close family member is the most practical choice.

Once your documents are signed and notarized, scan them and share digital copies with your designated agents. Provide a copy of your Advance Medical Directive to your primary care physician. Your agent also may need access to your smartphone or digital accounts in an emergency, so make sure they know how to access important information if necessary.

Keep the original documents in a safe place, such as a waterproof and fireproof box, alongside other important family records. Taking care of these documents can be an important first step into adulthood and may also open the door to conversations about your family’s broader estate planning needs.

Disclaimer: The information provided in this article is for educational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Laws vary by state, and readers should consult a qualified estate planning attorney regarding their specific legal needs and circumstances.

Sean Joyner is an estate planning attorney at Joyner Trust Law (joynertrustlaw.com/, 703.485.8995), helping Northern Virginia families protect what matters most.