Graduation season is a time of pride, celebration, and transition. As Arizona's high school seniors prepare to head off to college, trade school, work, or independent life, many families are navigating more than just dorm shopping and campus tours. Behind the scenes, parents often wonder: Are they really ready to be on their own? And more importantly: Are we legally allowed to help if something goes wrong? Once children turn 18, they are considered emancipated adults and parents have little to no legal right or ability to assist without the direct permission of the child. This is especially concerning when a situation has occurred where the child is unable to give permission.
We help Arizona families plan ahead for this exciting (but sometimes overwhelming) season of change. A Young Adult Safety Plan is one of the most practical tools for helping young adults navigate this transition safely and confidently.
What Is a Young Adult Safety Plan?
A Young Adult Safety Plan is written, personalized plan documents that outline what a young adult can do – and who they can turn to – when facing a crisis. Whether it's a mental health emergency, medical issue, or sometimes when they are living out of the country for school or work opportunities, this plan acts as a structured guide for what steps to take next.
These plans include the legal documents necessary to address these scenarios. These legal documents include Financial and Medical Powers of Attorney, Advanced Healthcare Directives and the ability to avoid restrictions to medical information because of HIPPA and similar statutes. Also, these documents contain the names of contact information of those the child wants to be responsible.
In Arizona, these types of plans are especially important for students entering college, young adults leaving foster care, living abroad for an extended period of time, and anyone living on their own for the first time.
Additional Benefits of Young Adult Estate Planning Documents
Many parents assist their college-bound children with filling out paperwork for college, but often overlook these crucial estate planning tools that can make an enormous difference during an emergency. These documents, such as a Healthcare Power of Attorney, Financial Power of Attorney, and Living Will, do not remove your child's rights to make their own decisions. Instead, they provide a trusted safety net in the event your child becomes incapacitated or simply needs assistance.
For example, a Financial Power of Attorney can help parents handle their child's financial affairs, including paying bills, managing student loans, renewing vehicle registrations, or handling out-of-state transactions. A Healthcare Power of Attorney allows parents to communicate with doctors and make medical decisions if their child is unable to do so themselves.
Additionally, a Living Will enables your child to express their wishes regarding end-of-life care, including whether they wish to receive life-sustaining treatment or artificial nutrition and hydration, ensuring their preferences are known and followed. In Arizona, a Living Will must be attached to a Healthcare Power of Attorney to avoid conflicting instructions.
These documents may also be useful if a child is out of the country for an extended period of time, such as a semester abroad, religious mission, or work program where access and control of financial or school matters may be limited. In this situation, a Financial Power of Attorney can be crafted to allow a parent or guardian authority to handle their child's financial affairs while the child's access is limited. When the child returns, authority returns to them.
Why Safety Plans Matter After High School
As mentioned above, when a child turns 18, they're legally considered an adult. This means parents no longer have automatic access to financial, medical, or mental health information. Therefore, in a situation where your adult child is involved in an accident or a serious medical situation, you may not be notified by hospital staff if your child is hospitalized. Because of HIPPA and other restrictions, medical personnel may be prohibited from discussing the medical situation, prognosis and treatment options to you. Furthermore, you cannot legally make decisions on their behalf without proper authorization, which may necessitate involvement in the court system to obtain the necessary authorization.
Legal Tools to Include
Arizona families can strengthen their safety plans by including key legal documents:
- HIPAA Authorization: So you can speak to doctors or therapists.
- Durable Power of Attorney: To manage finances or housing if your child is incapacitated or out of the country for an extended period.
- Health Care Power of Attorney: To make medical decisions if your child can't.
- Advanced Medical Directive (Living Will): Which outlines your child's wishes when more serious decisions need to be made.
Depending on your child's situation, they may also benefit from creating a Last Will and Testament or even a Living Trust. While these documents may not seem immediately necessary for younger adults with fewer assets, they can provide clarity on the distribution of personal possessions, digital assets, and even pets. This can help avoid the probate process and ensure sentimental or valuable items are given to trusted individuals.
Young adults who are married or have children should strongly consider these additional estate planning documents to clarify guardianship, inheritances, and financial protections for their family members.
These documents are especially important if your child is moving out of state or attending college outside Arizona. Without them, you will face legal roadblocks during a crisis.
For Families of Foster Youth or At-Risk Graduates
Arizona's Extended Foster Care program allows young adults to receive support through age 21, but only if they remain engaged in education, work, or treatment. A Safety Plan helps ensure they meet these requirements while also preparing them for independent life.
Whether they're graduating from high school or transitioning out of foster care, these young adults benefit from extra legal and emotional structure. It becomes a "safety net" where a trusted individual can assist a young adult during the first years of independence.
How Harrison Law Can Help
At Harrison Law, PLLC, we regularly work with families to:
- Create personalized Safety Plans tailored to mental health, housing, and educational goals.
- Draft HIPAA authorizations and powers of attorney.
- Support foster care transitions or young adult estate planning.
We aim to give parents and guardians peace of mind and young adults the confidence to navigate life's next chapter.
Our firm also assists families by explaining the legal nuances of these documents to young adults, ensuring they understand their rights and options. We guide them in selecting trusted individuals as their agents and ensure that all documents comply with Arizona's specific legal requirements, including proper witnessing and notarization.
Graduation Is the Start of a New Legal Chapter
Sending your child out into the world comes with a mix of joy and worry. While you can't follow them to every class or internship, you can give them tools to protect their mental health, safety, and legal rights.
This graduation season, give your young adult more than just a laptop and a set of bedsheets – give them a plan.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
