Estate Planning After a Child Reaches Adulthood

When a child turns 18 in Massachusetts, they become a legal adult. As a result, parents generally lose the automatic authority to make medical, financial, and legal decisions on their child’s behalf. This guide explains the estate planning updates that may help families prepare for that transition. 

What Changes When Your Child Turns 18 in Massachusetts?

Turning 18 creates several legal and estate planning considerations that many parents do not anticipate. Once a child becomes a legal adult, parents generally lose the automatic authority to make medical, financial, and legal decisions on their behalf.

Medical Decision-Making and Privacy

An adult child’s medical information is generally protected by federal privacy laws. Without written authorization, healthcare providers may not be able to share medical information with a parent or allow them to participate in medical decisions during an emergency.

Health Care Proxies and Powers of Attorney

Two documents can help address this issue. A health care proxy allows an adult child to appoint someone to make medical decisions if they become unable to do so. A durable power of attorney allows them to authorize someone to manage financial and legal matters when needed. Without these documents, family members may need to seek court involvement before they can act on the child’s behalf.

Updating Your Estate Plan

Parents should also review their own estate plans once a child reaches adulthood. Existing wills, trusts, and beneficiary designations may have been drafted when the child was still a minor. Updating those documents can help ensure assets pass according to your wishes and are managed in a way that reflects your child’s age, maturity, and circumstances.

Trust Planning for Young Adults

For some families, a trust may be appropriate to manage assets for a young adult rather than distributing a large inheritance outright. Trust provisions can provide structure and allow assets to be distributed over time or under specific conditions.

Considerations for Non-Traditional Families

These updates can be especially important for LGBTQIA2S+, blended, and other non-traditional families. Default legal rules do not always reflect the relationships that matter most within a family. Clear and updated estate planning documents help ensure the appropriate people have the authority and protections you intend.

When Adult Children Change What Your Estate Plan Needs

Your child turning 18 affects more than their legal status. It can also create new estate planning considerations that may require updates to existing documents and beneficiary arrangements.

• Health Care Proxies and Powers of Attorney: A health care proxy and durable power of attorney should not be treated as one-time documents. As an adult child’s circumstances change, these documents may need to change as well. A college student may have different needs than an adult child with a partner, dependents, or ongoing medical concerns.

• Blended and Non-Traditional Families: Default inheritance laws generally prioritize legal relationships. Stepparents, co-parents who never adopted a child, chosen family members, and other important individuals may not have legal authority or inheritance rights without clear planning documents in place.

• Beneficiary and Fiduciary Designations: Parents should review who is named as a beneficiary, trustee, executor, agent under a power of attorney, or health care proxy. These designations should continue to reflect the family’s current circumstances and relationships.

• Adult Children With Disabilities: If an adult child receives public benefits or has a disability, a direct inheritance may affect benefit eligibility. In some situations, a special needs trust may provide a way to leave assets while preserving access to important benefits.

Estate planning after a child reaches adulthood is not a one-time event. Periodic reviews can help ensure your documents continue to reflect your family’s needs and your long-term goals.

How Do You Update an Estate Plan When a Child Reaches Adulthood?

Updating an estate plan after a child reaches adulthood typically involves reviewing existing documents and making changes where necessary to reflect the child’s new legal status.

1. Review Existing Estate Planning Documents: Review your will, trust, beneficiary designations, and other estate planning documents to identify provisions that were created when your child was still a minor.

2. Evaluate Decision-Making Documents: Determine whether any healthcare, financial, or legal decision-making documents should be created or updated to reflect your family’s current circumstances.

3. Review Asset Distribution Plans: Consider whether existing inheritance provisions still align with your goals. In some situations, families choose to modify trust provisions or other distribution arrangements as children mature.

4. Update Beneficiary and Fiduciary Designations: Review beneficiary designations and the individuals named to serve in roles such as trustee, executor, agent under a power of attorney, or health care proxy.

5. Finalize Updates and Maintain the Plan: Once changes are made, ensure all documents are properly executed and stored. Estate plans should be reviewed periodically as family, financial, and personal circumstances evolve.

   When to Review Your Estate Plan After a Child Turns 18

A child reaching adulthood is often a good reason to review existing estate planning documents. Changes to family relationships, financial circumstances, inheritance goals, or decision-making arrangements may all warrant updates to your plan.

You may also benefit from a review if your estate plan was created when your child was a minor and has not been updated since.

If you have questions about whether your current plan still reflects your wishes, consider speaking with an attorney about your options under Massachusetts law.

Frequently Asked Questions

Can I still access my child’s medical records after they turn 18?

Not automatically. Once a child becomes a legal adult, medical information is generally protected by privacy laws. A health care proxy may allow someone to make medical decisions in certain circumstances, but additional authorizations may be needed to access medical information.

Should my adult child have their own estate plan?

In some situations, yes. An adult child may benefit from having a health care proxy, durable power of attorney, and, depending on their circumstances, a will or other estate planning documents.

What happens if my estate plan still treats my child as a minor?

Outdated provisions can create unnecessary complications. Trust terms, beneficiary designations, and other instructions drafted when a child was younger may no longer reflect their age, responsibilities, or your current wishes.

Does my child turning 18 affect my life insurance or retirement account beneficiaries?

It can. While turning 18 does not automatically change beneficiary designations, it is often a good opportunity to review retirement accounts, life insurance policies, and other assets to ensure they align with your overall estate plan.

What if my adult child becomes unable to manage their own affairs?

The available options depend on the circumstances. Some families rely on powers of attorney and health care proxies, while others may need to explore guardianship, conservatorship, or trust planning if an adult child cannot make decisions independently.