Happy birthday, and congratulations! You’re now 18, which means you can legally sign documents and make your own decisions in the state of California. With your newfound power comes responsibility.
No matter your age, unfortunate events can happen in life, such as death or incapacitation. Making sure you are in the right hands when it comes to how you’re cared for, that your wishes are respected, and that your loved ones don’t have to worry any more than they WILL is important.

Here are four documents that can help prepare you and your loved ones for some of life’s unexpected events.

1. Durable Power of Attorney (Durable POA)

First and foremost, you should consider executing a Durable Power of Attorney. This is a legal document in which you appoint an agent to act on your behalf. Depending on the authority you grant them, your agent may be able to manage your finances, pay bills, file taxes, handle real estate transactions, manage bank accounts, and take care of other financial matters for you.

Let’s first go over some of the terminology. “Durable” means that the authority generally continues even if you become incapacitated. This is extremely important because the purpose of a durable power of attorney is to allow someone you trust to continue handling your affairs if you are no longer able to do so yourself.

There are also different ways a power of attorney can become effective. An immediate power of attorney generally becomes effective as soon as the document is properly executed, meaning the person you chose can act on your behalf without having to wait for you to become incapacitated. A springing power of attorney, on the other hand, becomes effective only after a specified event or condition occurs, such as your incapacity. This can be useful if you want to retain complete control over your affairs unless and until you are unable to manage them yourself.

Having a properly prepared Durable Power of Attorney can be extremely important. Without one, your loved ones may have to go through a court process to obtain authority to manage your affairs if you become incapacitated. That process can be expensive, time-consuming, and stressful for everyone involved.

2. Advance Health Care Directive

Second, we have an Advance Health Care Directive. This document allows you to communicate your wishes regarding your medical care and appoint someone to make health care decisions for you if you are unable to make or communicate those decisions yourself.

There are three important concepts to understand: A Living Will generally refers to instructions regarding the type of medical treatment you would or would not want in certain serious medical circumstances, particularly when you are terminally ill or permanently unconscious. For example, you can express your wishes regarding life-sustaining treatment and whether your priority would be to pursue treatment or focus on comfort and quality of life.

Your health care instructions can also address the types of treatment you would want in different situations. For example, you may have preferences regarding resuscitation, artificial nutrition, breathing machines, pain management, or other forms of life-sustaining treatment. Sometimes, no document can predict every possible medical situation. That is why you can appoint a health care agent to make decisions for you if you are unable to make or communicate those decisions yourself. For example, imagine you are not at the end of your life but are unconscious after an accident and doctors determine that you need surgery. Your health care agent may be able to step in and make the necessary health care decisions on your behalf, according to your wishes and applicable law.

3. HIPAA Authorization

Third, we have a HIPAA Authorization. This document allows you to decide who can receive certain protected health information from your health care providers. This can be particularly important once you turn 18 because your parents or other loved ones no longer automatically have access to your medical information simply because they are your family members. A HIPAA Authorization can allow the people you choose to communicate with your doctors and obtain information about your medical care, depending on what you authorize. You may also be able to specify what types of information can be disclosed. For example, you may want to allow a parent to receive information about your treatment and billing but choose not to authorize disclosure of certain particularly sensitive information such as therapy notes, billing, physical results, etc.
The important thing to remember here is that you are now in control of who can access your medical information.

4. Will

Finally, we have a Will. For many people just entering adulthood, a Will can be a simple but important first step in estate planning. Even at 18, you may already own valuable property, such as a car, bank accounts, personal belongings, or other assets. A Will allows you to state how you want your property distributed after your death. For example, if you own a car, who would you want to receive it? A Will also allows you to nominate an Executor, the person responsible for carrying out the instructions in your Will and helping administer your estate.
Having a Will can help provide clear instructions about what you want to happen to your property and can reduce uncertainty for your loved ones during an already difficult time.

Start Planning for Your Future Today

Turning 18 is an exciting milestone, but it is also the beginning of a new chapter of responsibility. Taking the time now to put the right documents in place can give you and your loved ones greater peace of mind for the future. If you have questions about estate planning, probate, or protecting and passing on your assets, Attorney Jessica R. Ward is here to help. Contact the Law Office of Jessica R. Ward at (925) 459-1777 to schedule a consultation and start planning for your future today.