When an individual turns eighteen years old, he/she is a legal adult. This means that their parent no longer has legal authority over their decisions, including healthcare and finances. What happens if that, now adult child, is incapacitated from an accident or injury and does not have the legal capacity to make his/her own decisions? How do these decisions get made? Whether your child is starting college, currently in school, moving out, or figuring out their next career move, if they are at least eighteen years old, this is a new reality and an important part of their new chapter as an adult.
Without a financial power of attorney and advance healthcare directive, the remaining option is for a loved one to seek a conservatorship from the probate court. In Los Angeles County alone, an emergency conservatorship (which is only temporary) could take several months to obtain and that is if no one is objecting to it. A permanent conservatorship could take one year or more to obtain. Even if the petition is granted, there is regular record maintenance required and regular filings with the court including a yearly accounting.
Why Your High School Graduate Needs Power of Attorney
With an advance healthcare directive and financial power of attorney, you can name a third person of your choice to have the same authority one would have under a conservatorship. The major differences are that you choose the person and everything is happening outside of a courtroom. Having this in place prevents delays in making sure someone can carry out daily healthcare decisions and financial decisions on your behalf, which can be time sensitive.
Although created in California, these documents can be used in any state in the United States.
We are happy to provide peace of mind in completing these documents for your young adult child. Please call us for a free consultation at 424-242-5021 or at info@altalegacylaw.com to learn more.
