Legal Considerations For When Your Child Turns 18 In Illinois

The transition from adolescence to adulthood is a significant milestone, not only in life but also in legal terms. It brings a crucial shift in rights and responsibilities, both for the young adult and their parents. At Woods & Bates, P.C., we understand the challenges and complexities this change can bring. Since 1972, we have provided quality legal services in Illinois, including virtual services for your convenience, ensuring guidance is just a call away.

Understanding Legal Changes at Age 18 

When a child turns 18, they are legally considered an adult. This legal transition affects several areas:

  • Medical Privacy and Decision Making: Under HIPAA laws, parents no longer have automatic access to their child’s medical records. In an emergency, this could lead to delays in treatment and decision-making.
  • Financial Independence: Legally, you also lose the right to manage your child’s finances or make decisions on their behalf without the appropriate legal documents.

Key Legal Documents for Your Adult Child 

To maintain a role in your adult child’s well-being, certain legal documents are essential:

  • Financial Power of Attorney: This enables you to manage your child’s financial affairs if they become incapacitated or are otherwise unable to do so.
  • Medical Power of Attorney: Allows you to make medical decisions on behalf of your child if they are unable to make these decisions themselves.
  • HIPAA Release Form: Grants you access to your child’s medical records, ensuring you can make informed decisions about their health care.

Real Estate and Estate Planning for Your Adult Child 

Integrating real estate into estate planning is a critical step in securing your child’s future. This process is multifaceted and involves thoughtful consideration of your child’s needs and the potential future scenarios that might affect your real estate holdings. Whether for living purposes, investment, or as part of their inheritance, real estate requires careful planning and legal foresight. Here’s how we approach this at Woods & Bates, P.C.:

  • Transferring Property: We guide you through the process of property transfer, whether it’s gifting, selling, or leaving it as part of an inheritance. This involves a range of activities:
    • Evaluating Tax Implications: Transferring property can have significant tax consequences. We help you understand and plan for any potential estate, gift, or capital gains taxes.
    • Understanding Legal Procedures: From drafting deeds to managing the probate process, we ensure all legal requirements are met for a smooth transfer.
    • Tailored Transfer Strategies: Whether it’s setting up a trust to manage property transfer or exploring other transfer options, our strategies are customized to suit your family’s unique needs.
  • Managing Property: Understanding the legal implications of property management can ensure your child benefits fully from their real estate assets. Our approach includes:
    • Establishing a Property Management Plan: We help you create a plan that covers everything from routine maintenance to rent collection, ensuring the property retains its value and generates income where applicable.
    • Protecting the Asset: Part of management is protecting the property from legal risks. This includes ensuring compliance with all relevant laws and regulations, such as zoning laws and rental property regulations.
    • Preparing for Succession: Planning for future transitions of the property is essential. We consider scenarios such as your child taking over the management or the property being sold or passed on to subsequent generations.

Integrating real estate into your estate plan is not just about legal transactions; it’s about ensuring that one of your most valuable assets is preserved, managed, and transferred according to your wishes, providing security and benefits to your child for years to come. At Woods & Bates, P.C., we bring our extensive knowledge and experience in real estate law to guide you through each step of this critical process, ensuring your peace of mind and your child’s future well-being.

The Convenience of Virtual Legal Services

In today’s fast-paced and digital world, accessibility to legal services is paramount. Woods & Bates, P.C. offers virtual legal services, allowing you to manage your estate planning, real estate, and estate administration needs from the comfort of your home or office. As a preeminent law firm in central Illinois, Woods & Bates, P.C. has built a legacy of providing comprehensive legal services. We take pride in our history and continue to serve the evolving needs of our community with the same dedication as our founders.

Securing Your Child’s Future with Professional Guidance

The journey into adulthood is filled with new responsibilities and legal considerations. Our firm is here to provide the guidance and support you need to face these changes effectively. For professional assistance in estate planning, real estate, and estate administration in Illinois, call Woods & Bates, P.C., at 217.735.1234, or contact us online to schedule a consultation.