What happened? Weren’t they his parents? Couldn’t they speak for their own child?
Legally, the answer is "NO." While the thought of something happening to our children that might leave them unable to speak for themselves is a difficult topic to consider, much less fully discuss with them, we think it is an important topic to address—before your children leave home.
Your child is away at college and has his identity stolen and needs help dealing with financial institutions or credit card companies. Without the proper documents in place, the financial institutions cannot authorize you to access the bank account or credit card account in an attempt to manage or reconcile the problem. What can you do?
The legal age of majority in Texas, and in many other states, is 18. While most of us who have long surpassed the age of 18 still consider an individual of this age to be a "child"…legally, that "child" is an adult who is responsible for his or her own decision-making. Absent proper estate planning, there is no legal right for parents to make decisions for their children after they attain the legal age of majority.
When we think of "estate planning," we often think of death and dying and things you take care of later in life. However, estate planning involves not only death-time planning but also lifetime planning for incapacity or disability. When our clients come to us to discuss estate planning, we often ask them if they have college-aged or unmarried children. If so, we strongly urge them to have documents prepared that will allow the parents to act like "mom and dad" in the event of an emergency situation, disability or other incapacities—whether temporary or permanent.
Recent Current Events in Celebrity News about Their Adult Children:
We recommend the following documents:
- Statutory Durable Power of Attorney
- Medical Power of Attorney
- HIPAA Authorization
- Directive to Physicians ("Living Will")
Lori Ashmore Peters and Gary Ashmore, owners of The Ashmore Law Firm, P.C., handle Probate and Estate Planning matters. They are members of the Probate Section of the Dallas Bar Association. They can be reached at 214.559.7202.
Do You Need To Speak With An Experienced Estate Planning Lawyer In The Dallas Area?
If you need to speak to an experienced estate planning attorney please contact us online or call our Dallas office directly at 214.559.7202. We help clients throughout the Dallas area with all of their estate planning needs and look forward to helping you.