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Estate Planning
They're an Adult Now, but They're Still Your Kid.
You dropped her off at Auburn with a truck full of storage bins and a mini fridge, hugged her twice in the parking lot, and cried before you even got back on the highway. She still calls you when her car makes a weird noise. She still says "love you, bye" too fast because it slows her down. She still texts to ask how long to microwave something.
She turned 19 eight months ago. To you, nothing changed. To the law, everything did.
Here's what actually happened.
You Lost the Right to Their Medical Information
If your son or daughter is in an accident, whether they're at Auburn, at Bama, or just driving across town, HIPAA means the hospital cannot tell you what's wrong, what the plan is, or what they need. You're their parent. Legally, you're a stranger to their chart.
You Lost the Ability to Make Decisions for Them
If they can't speak for themselves in that moment, there is no automatic rule that says you're the one who steps in. Without the right document in place, that decision doesn't default to you. It defaults to no one, until a court says otherwise.
You Lost Access to Help With Their Money and Their Life
If they need help with a bank account, a lease, an insurance claim, or anything else while they're recovering or otherwise can't handle it themselves, you have no legal standing to act on their behalf. And if it's serious enough, the only way to get that standing is to ask an Alabama probate court to grant you guardianship and conservatorship over your own adult child. That's a legal filing, a judge, and a process, not a phone call.
None of this requires anything dramatic. A bad car accident. A rough surgery. A semester where things go sideways. Ordinary life is enough to land a family here with no way to help the person they're most responsible for helping.
How to Close the Gap Under Alabama Law
But, all hope is not lost. What you need to close the gap, under Alabama law:
- A HIPAA authorization, so their doctors are allowed to talk to you.
- An Alabama Advance Directive for Health Care, naming who can make medical decisions if they can't.
- A General Durable Power of Attorney, so someone you trust can manage their finances and legal affairs if needed.
They don't need you to sign for them anymore. They do need you to still be able to show up for them, legally, if it ever comes to that.
See how getting started works, or contact us to talk it through.